KRS 45A.415: Specifications -- Items considered equal may be furnished -- Proprietary

products.

(1) The local public agency shall use specifications which assure the maximum

practicable competition to meet the agency's needs.

(2) Local public agencies shall ensure that every invitation for bids or request for

proposals provides 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 procure ment 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 r esponsible for

the specifications:

(a) It is at least equal in quality, durability, strength, design, and other criteria

deemed appropriate;

(b) 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

(c) It conforms substantially to the detailed requirements for the item in the

specifications.

(3) A specification which describes a product which is proprietary to one (1) company

may be used only when no other k ind of specification is reasonably available to

describe requirements.