§ 38:2290 — Closed specification prohibited; exception

§2290. Closed specification prohibited; exception
A. No architect or engineer, either directly or indirectly, shall submit a closed
specification of a product to be used in the construction of a public building or project, unless
all products other than the one specified would detract from the utility of the building, or
except in those cases where a particular material is required to preserve the historical
integrity of the building or the uniform appearance of an existing structure, or is required as
part of an integrated coastal protection project, as defined in R.S. 49:214.2, for the evaluation
of new and improved integrated coastal protection technologies.
B. A closed specification shall not be submitted or authorized when any person or
group of persons possess the right to exclusive distribution of the specified product, unless
the product is required to expand or extend an existing system presently operating at the
facility or site, or if a specified product is required as part of an integrated coastal protection
project, as defined in R.S. 49:214.2, for the evaluation of new and improved integrated
coastal protection technologies. However, no such closed specifications shall be allowed
until rules have been promulgated by the division of administration after oversight by the
Senate and House Committees on Transportation, Highways and Public Works and other
appropriate legislative committees.

Legislative History

Added by Acts 1965, No. 40, §1. Amended by Acts 1982, No. 596, §1, eff. July 22, 1982; Acts 1997, No. 678, §1; Acts 2016, No. 373, §1.