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45A.170 Specifications -- Items considered equal may be furnished.

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45A.170 Specifications -- Items considered equal may be furnished. (1) The Finance and Administration Cabinet shall have responsibility for issuing and maintaining all standard specifications for supplies, services, and construction <br>required by the Commonwealth. Among its duties, it shall, to the greatest extent <br>practicable: <br>(a) Prepare and issue standard specifications for supplies, services, and construction commonly required by the Commonwealth; (b) Revise all standard specifications to conform to all technical and scientific advances pertaining to the supplies, services, and construction described in <br>those specifications and to reflect changes in the Commonwealth's <br>requirements; (c) Establish guidelines for drafting specifications; and <br>(d) Ensure that every invitation for bids or request for proposals shall provide that an item equal to that named or described in the specifications may be <br>furnished. The specifications may identify a sole brand in cases where, in the <br>written opinion of the chief procurement officer, documented unique and valid <br>conditions require compatibility, continuity, or conformity with established <br>standards. An item shall be considered equal to the item named or described <br>if, in the opinion of the owner and the design professional responsible for the <br>specifications: <br>1. It is at least equal in quality, durability, strength, design, and other <br>criteria deemed appropriate; 2. It will perform at least equally the function imposed by the general <br>design for the public work being contracted for or the material being <br>purchased; and 3. It conforms substantially to the detailed requirements for the item in the <br>specifications. (2) All specifications shall be drafted so as to maximize, to the extent practicable, competition in fulfillment of the Commonwealth's requirements. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 47, sec. 2, effective July 15, 2008. -- Created 1978 Ky. Acts ch. 110, sec. 35, effective January 1, 1979.