§ 39:1655 — Maximum practicable competition

§1655. Maximum practicable competition
A. All specifications shall seek to promote overall economy for the purposes
intended and encourage competition in satisfying the needs of the state, and shall not be
unduly restrictive. A specification may be drafted which describes a product which is
proprietary to one company only when one of the following applies:
(1) No other kind of specification is reasonably available for the state to describe its
requirements.
(2) There is a requirement for specifying a particular design or make of product due
to factors of compatibility, standardization, or maintainability.
(3) Such specification includes language which specifically permits an equivalent
product to be supplied. Such specification shall include a description of the essential
characteristics of the product.
(4) Such specification is determined to be in the best interest of the state as provided
for by R.S. 39:1568.1.
B. Except as provided in Paragraph (A)(2) of this Section, whenever such proprietary
specifications are used, the specifications shall clearly state that they are used only to denote
the quality standard of supplies, services, or major repairs desired and that they do not restrict
bidders to the specific brand, make, manufacturer, or specification named; that they are used
only to set forth and convey to prospective bidders the general style, type, character, and
quality of supplies, services, or major repairs desired; and that equivalent supplies, services,
or major repairs will be acceptable.

Legislative History

Added by Acts 1979, No. 715, §1, eff. July 1, 1980. Amended by Acts 1981, No. 452, §1; Acts 2014, No. 864, §2, eff. Jan. 1, 2015.