1. ERYN M H FLETCHER, PE TRANSPORTATION ENGINEER, FHWA Proprietary Items: Federal Requirements

2. 23 CFR 635.411 Federal Funds shall not participate in:  Payment for royalties  Patented  Processes  Materials  Specifications

3. 23 CFR 635.411 Unless:  Four Categories 1. 3 or equal 2. State Certification Synchronization No equal exists 3. Research / experimental 4. Public Interest Finding

4. 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”

5. 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.

6. State Certification on Synchronization Synchronization:  Function  Aesthetics  Logistics

7. State Certification – No Suitable Alternative No Suitable Alternative  Describe project’s unique needs  Evaluate pool of products  Estimate additional costs

8. 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

9. 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

10. Construction Change bid item to proprietary  Partial Participation Add proprietary item via change order  Certification or PIF

11. 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.

12. 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

13. 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.

14. Examples