45A.170 Specifications -- Items considered equal may be furnished.
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(1)The Finance and Administration Cabinet shall have responsibility for issuing and
maintaining all standard specifications for supplies, services, and construction
required by the Commonwealth. Among its duties, it shall, to the greatest extent
practicable:
(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
those specifications and to reflect changes in the Commonwealth's
requirements;
(c)Establish guidelines for drafting specifications; and
(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 furnished. The
specifications may identify a sole brand in cases where, in the written opinion of the
chief procurement officer, documented unique and valid conditions require
compatibility, continuity, or conformity with established standards. An item shall be
considered equal to the item named or described if, in the opinion of the owner and
the design professional responsible for the specifications:
1. It is at least equal in quality, durability, strength, design, and other
criteria deemed appropriate;
2. It will perform at least equally the function imposed by the general
design for the public work being contracted for or the material being
purchased; and
3. It conforms substantially to the detailed requirements for the item in the
specifications.
(2)All specifications shall be drafted so as to maximize, to the extent practicable,
competition in fulfillment of the Commonwealth's requirements.