§ 38:2295 — Plans and specifications; required provisions

§2295. Plans and specifications; required provisions
A. All plans and specifications for public works submitted by an architect or
engineer shall include the following provisions relating to equal brand products other than
those specified:
(1) The name of a certain brand, make, manufacturer, or definite specifications is to
denote the quality standard of the article desired, but does not restrict bidders to the specific
brand, make, manufacturer, or specification named. It is to set forth and convey to
prospective bidders the general style, type, character, and quality of article desired.
(2) When in specifications or contract documents a particular brand, make of
material, device, or equipment is shown or specified, such brand, make of material, device,
or equipment shall be regarded merely as a standard.
B. When in specifications or contract documents an architect or engineer specifies
a particular brand, make of material, device, or equipment, or equal thereto, he shall
adequately identify said product by including, minimally, the model or catalog number of the
product.
C.(1) A potential supplier may submit a particular product for prior approval, other
than a product specified in the contract documents, no later than fourteen working days prior
to the opening of bids. Within ten days, exclusive of holidays and weekends, after
submission, the prime design professional shall furnish to both the public entity and the
potential supplier written approval or denial of the product submitted. If the prime design
professional fails to respond within the time period provided for in this Paragraph, the bid
shall be extended at least seven but not more than twenty-one working days.
(2) Notwithstanding Paragraph (1) of this Subsection, for public works of the New
Orleans Sewerage and Water Board, if a potential supplier wishes to submit for prior
approval a particular product other than a product specified in the contract documents, he
shall do so no later than fourteen working days prior to the opening of bids. Within three
days, exclusive of holidays and weekends, after such submission, the prime design
professional shall furnish to both the public entity and the potential supplier written approval
or denial of the product submitted.

Legislative History

Added by Acts 1965, No. 40, §1; Amended by Acts 1980, No. 803, §1; Acts 1984, No. 182, §1; Acts 1985, No. 832, §1; Acts 1995, No. 484, §1; Acts 2011, No. 51, §1, eff. June 20, 2011; Acts 2022, No. 424, §1; Acts 2023, No. 113, §1.