Printable version of this page

	Memorandum
U.S. Department of Transportation
Federal Highway Administration

For your information, a final rule to implement Section 5514 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users was published in the Federal Register on November 15, 2006. The final rule amends our material selection policies to support the competitive bidding principles in Section 112 of Title 23 U.S. Code.

With the December 15, 2006 effective date of the final rule, the States should be considering all available pipe products that are judged to be of satisfactory quality and equally acceptable on the basis of engineering and economic analyses. Where such products appear to be equal, alternative bidding practices must be used as required by 23 CFR 635.411(b). Where alternative products are determined to have different engineering and economic properties, contracting agencies may select a specific material or product based on the required engineering properties and/or life cycle cost criteria. In such cases, the State DOT should document its material selection decision on a project or program basis as appropriate.

We encourage you to work with your respective State DOTs to develop pipe selection procedures to efficiently implement the revised policy. If you have any questions on this matter, please contact Gerald Yakowenko in my office at 202-366-1562.