Construction Program Guide

Public Interest Findings

Generally speaking, the FHWA's policies are based on statutory requirements or regulatory requirements that the Agency has developed to best serve the public interest; however, there may be certain situations where it may be determined to be in the public interest to deviate from such requirements. These instances should be rare since a public interest (and/or cost effectiveness) determination is an acknowledgment that the needs of the public will be better served by not following policy. However, the FHWA allows public interest findings to be used (with adequate documentation) in the following areas: use of proprietary products, use of public equipment, and contract award based on a method other than competitive bidding.

Authority/Legal Basis

1. Laws
   • Title 23 U.S.C. 112
2. Regulations
   • Title 23 C.F.R. 635.106(a)
   • Title 23 C.F.R. 635.204
   • Title 23 C.F.R. 635.205
   • Title 23 C.F.R. 635.407
   • (Note: these regulations were developed prior to 1991 and do not include the stewardship, oversight, and applicability requirements resulting from the 1991 ISTEA and the 1998 TEA-21. See the discussion in the FHWA Contract Administration Core Curriculum Manual for current FHWA policy.)
3. Orders
   • None
4. Policy
   • The FHWA Contract Administration Core Curriculum Manual summarizes FHWA policy and provides general guidance concerning public interest findings / cost effectiveness determinations.
   • Policy Memoranda
     • Mr. Dwight Horne's memorandum dated January 11, 2006; Subject: "Guidance on Patented and Proprietary Product Approvals"
       • Questions and Answers Regarding Title 23 CFR 635.411
     • Guidelines for Public Interest Findings and Certifications for Retroreflective Sign Sheeting

Guidance

1. General Information
   • The FHWA Contract Administration Core Curriculum Manual summarizes FHWA policy for State furnished or State designated manufactured or local natural material.
2. Training
   • FHWA Contract Administration Core Curriculum (Course Description)