1. Shariq Husain, PE INDOT Roadway Review Engineer Highway Design and Technical Support Proprietary Materials – Approval Process

2. Chapter 17 of the Design Manual 17-1.05 1.Justification. To ensure competitive bidding, the designer should restrict the use of proprietary materials on a project. A proprietary material is defined through specifications that are so specific that only one product will satisfy the requirements. If a situation occurs where the use of a proprietary material will enhance safety, control costs, or will otherwise significantly improve the project design, the use of a proprietary material may be justifiable. The designer must prepare public-interest finding for the use of a proprietary material not later than the Stage 2 submittal. This should include a description of the circumstance being addressed by the proprietary material, alternative solutions considered, and the reasoning why the proprietary material was chosen. Figure 17-1A, the form that should be used to request approval for the proprietary material. An editable version of this form may also be found on the Department’s website at www.in.gov/dot/div/contracts/design/dmforms/.www.in.gov/dot/div/contracts/design/dmforms/

3. Proprietary Materials – Approval Process Chapter 17 of the Design Manual 17-1.05 2. Existing Facility. A proprietary material may be justified where it is essential for synchronization with an existing highway facility, for which there is no equally suitable alternative. S YNCHRONIZATION MAY BE BASED ON : function (the proprietary product is necessary for the satisfactory operation of the existing facility), aesthetics (the proprietary product is necessary to match the visual appearance of existing facilities), logistics (the proprietary product is interchangeable with products within an agency's maintenance inventory) When no suitable alternative exists, the project requirements for the product must be thoroughly documented along with detailed explanations of why only one product meets these requirements 3. Experimental. A proprietary material may be justified for research purposes or for a distinctive type of roadway. A justification for an experimental or research item must include a work plan detailing the evaluation to be conducted. Each project on the State highway system must follow the procedures described in the INDOT Guidelines for Initiating and Reporting Experimental Features Studies. A reminder that a Close Study is required.

4. Proprietary Materials – Approval Process Chapter 17 of the Design Manual 17-1.05 4. Approval. Submit the justification to the Highway Design and Technical Support Division Director for Approval through ERMS. This may occur anytime after the Stage 2 Plans submittal.

5. Proprietary Materials – Approval Process Figure 17-1A, Proprietary-Material-Use Public Interest Finding Product Selection. When more than one acceptable material or product is available for use and an agency seeks to limit purchase to a specified material, a PIF must be submitted for review and approval Provide supporting documentation that describes the architectural theme and a general statement as to why this product was selected. Items such as benches, litter receptacles, or bicycle racks, light poles, luminaries are generic items. Unless an involved local public agency can establish the following, it must submit the names of three vendors. 1. The product is already being used by the agency, and by those that are geographically contiguous to an adjacent project. 2. Maintaining an inventory of different products is not cost effective. Is storage a problem? What specific hardships are created by maintaining multiple products? 3. Has the requested product proven to be more durable than other similar products? Is the warranty period longer than that for other similar products? Unless the LPA can establish more definitive reasons, the proprietary-material request for the product will not be approved.

6. Proprietary Materials – Approval Process Figure 17-1A, Proprietary-Material-Use Public Interest Finding Product History. Indicate if the product been used successfully in Indiana or elsewhere. If the product is new to the State, it may require the approval of the New Products Evaluation Committee unless it is in accordance with INDOT specifications. Contact the Office of Materials Management’s Miscellaneous Materials Team leader if unsure. Project Compatibility. Indicate if this the only product that is compatible with the non-proprietary materials intended for use. Provide discussion.

7. Proprietary Materials – Approval Process Figure 17-1A, Proprietary-Material-Use Public Interest Finding Product Availability. Indicate if there are other similar products that can be used, or other similar products that were considered. Demonstrate that there are not at least two other similar products. A minimum of three vendors' products are necessary to negate the need for a proprietary-material approval. Provide discussion. Product Cost. Include a condensed cost/benefit analysis. Provide the cost of using alternate non-proprietary materials. Need more than just a statement. Need numbers to support the cost information. Maintenance. Discuss maintenance issues such as training or storage. Provide discussion as to why other products cannot be used due to maintenance issues.

8. Proprietary Materials Examples

9. Proprietary Materials – Approval Process Figure 17-1A, Proprietary-Material-Use Public Interest Finding PROPRIETARY-MATERIAL-USE PUBLIC-INTEREST FINDING ROUTE: DES NO.: PROJECT NO.: COUNTY: PROJECT DESCRIPTION: FHWA OVERSIGHT: YES NO PROPRIETARY MATERIAL: Product Selection. Provide a general statement as to why this product was selected. Items such as benches, litter receptacles, or bicycle racks are generic items. Unless an involved local public agency can establish the following, it must submit the names of three vendors. 1.The product is already being used by the agency, and by those that are geographically nearby. 2.Maintaining an inventory of different products is not cost effective. Is storage a problem? What hardships are created by maintaining multiple products? 3.Has the requested product proven to be more durable than other similar products? Is the warranty period longer than that for other similar products? Unless the LPA can establish more definitive reasons, the proprietary-material request for the product will be denied. [Delete this and other gray-highlighted instructional copy once the form is completed.] Product History. Indicate if the product been used successfully in Indiana or elsewhere. If the product is new to the State, it may require the approval of the New Products Evaluation Committee unless it is in accordance with INDOT specifications. Contact the Office of Materials Management’s Miscellaneous Materials Team leader if unsure. Project Compatibility. Indicate if this the only product that is compatible with the non-proprietary materials intended for use. Provide discussion. Product Availability. Indicate if there are other similar products that can be used, or other similar products that were considered. Demonstrate that there are not at least two other similar products. A minimum of three vendors' products are necessary to negate the need for a proprietary-material approval. Provide discussion.

10. Proprietary Materials – Approval Process Figure 17-1A, Proprietary-Material-Use Public Interest Finding Product Cost. Include a condensed cost/benefit analysis. Provide the cost of using alternate non-proprietary materials. Maintenance. Discuss maintenance issues such as training or storage. Provide discussion as to why other products cannot be used due to maintenance issues. PREPARED BY: Date: Based upon the above finding, the use of the proprietary material listed is in the public interest and is hereby approved. APPROVED:_______________________________________________ Deputy Commissioner, Engineering Services Division Administrator, FHWA and Design Support (if FHWA oversight req’d) Date: Date:

11. Proprietary Materials Use– Future Approval Process

12. Proprietary Materials Use– Future Approval Process ProcessProcess

13. Proprietary Materials Approved – Examples

15. Proprietary Materials Not Approved – Examples