KRS 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

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, a nd 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, dur ability, 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 t he 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.