Construction Program Guide
Patented and Proprietary Products
FHWA policy prohibits contracting agencies from requiring the use of a patented or proprietary material, specification, or process, unless:
- The item is purchased or obtained through competitive bidding with equally suitable unpatented items, or
- The contracting agency certifies either that the proprietary or patented item is essential for synchronization with the existing highway facilities or that no equally suitable alternative exists, or
- The item is used for research or for a special type of construction on relatively short sections of road for experimental purposes. In such cases, the contracting agency should follow FHWA's Construction Projects Incorporating Experimental Features.
In addition:
- Materials and products that are determined to be equal may be bid under generic specifications. If only patented or proprietary products are acceptable, they should be bid as alternatives with all, or at least a reasonable number of, acceptable materials or products listed; and
- The FHWA Division Administrator may approve a single source if it can be found that its utilization is in the public interest.
Authority/Legal Basis
- Laws
- Regulations
- Orders
- Policy
Guidance
- General Information
- Training
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