Transcript Proprietary Items: Federal Requirements

Proprietary Items:
Federal Requirements
ERYN M H FLETCHER, PE
TRANSPORTATION ENGINEER, FHWA
23 CFR 635.411
 Federal Funds shall not participate in:
 Payment for royalties
 Patented
Processes
 Materials
 Specifications

23 CFR 635.411
 Unless:
 Four Categories
1.
2.
3.
4.
3 or equal
State Certification

Synchronization

No equal exists
Research / experimental
Public Interest Finding
3 or Equal
 23 CFR 635.411 (a)(1):
 Such patented or proprietary item is purchased through
competitive bidding with equally suitable unpatented item.
 Identify 3 or more;
 Specify “or equal”
State Certification
 23 CFR 635.411 (a) (2)
 The State transportation department certifies either that such
patented or proprietary item is essential for
synchronization with existing facilities, or that no
suitable alternative exists.
State Certification on Synchronization
 Synchronization:
 Function
 Aesthetics
 Logistics
State Certification – No Suitable Alternative
 No Suitable Alternative
 Describe project’s unique needs
 Evaluate pool of products
 Estimate additional costs
Research / Experimental
 23 CFR 635.411(a)(3)
 Such patented or proprietary item is used for research or for
a distinctive type of construction on relatively short sections
of road for experimental purposes.
 http://www.fhwa.dot.gov/programadmin/contracts/expermnt.cfm
Public Interest Finding
 23 CFR 635.411 (c)
 A state transportation department may require a specific
material or product when there are other acceptable
materials and products, when such specific choice is approved
by the Division Administrator as being in the public interest.
 Document:
 Reasonableness of requirements
 Best method to meet needs
 Engineering and economic considerations
 Product availability & compatibility
 Logistics
 Other unique considerations
Construction
 Change bid item to proprietary
 Partial Participation
 Add proprietary item via change order
 Certification or PIF
Examples
 Fittings –

shall be mechanical joint ductile iron rated at 350 psi conforming to ANSI A21.53/AWWA C 153 and ANSI
A21.4/AWWA C 104. Restrained mechanical joints shall be used instead of thrustblocking, and shall be
Series 1100 Meg-A-Lug manufactured by EBAA Iron for Ductile Iron Pipe. Ductile iron fittings shall have a
standard thickness cement mortar lining as specified in ANSI A 21.4/AWWA C 104 and a bituminous seal
outside coating as specified in ANSI A 21.51/AWWA C151.
 Gate Valves –

shall conform to the current edition of AWWA C509 or AWWA C515 for resilient seated gate valves and
shall have mechanical joint ends. Valves shall be iron body with bronze stem nuts, glands and bushings,
and shall be non-rising stem type with O-ring packing. Valves shall open counterclockwise (left) and have a
2-inch operating nut. Valves shall be Model No. A-2360 as manufactured by Mueller.
Examples
 (c) Fittings

Ductile iron fittings, sizes 3-inch through 48-inch shall comply with the latest revision of AWWA
C110 and ANSI A21.10. Ductile iron compact fittings sizes 3-inch through 16-inch shall conform to
the latest revision of ANSI A21.53 and AWWA C153. Fittings in and within 2 feet of structures shall
be flanged. All other fittings shall be mechanical joint. All fittings provided shall be manufactured
by Clow, Tyler, American,or Owner approved equal
 Clear Coat:

Tnemec Endura-Clear, Series 76, Color: 76-0076; Sherman Williams Opex Clear Acrylic
Metal Lacquer; Diamond Vogel Pinnacle 460 or approved equal
Examples
 2.05 MISCELLANEOUS LANDSCAPE MATERIALS
A. Stakes and Guys:
1. Install Duckbill Earth Anchors (as manufactured by Foresight
Industries, Inc., Cheyenne, Wyoming, or equal) immediately upon
installation of all plant material over four feet in height,following
manufacturer's recommended sizes.
Examples