Construction Program Guide
Patented and Proprietary Products
On September 27, 2019, FHWA issued a final rule in the Federal Register rescinding the long-standing regulatory provisions for patented or proprietary products in 23 CFR 635.411(a)-(e). This rule provides greater flexibility and encourages innovation in the selection of proprietary or patented materials. It eliminates the requirements limiting the use of Federal funds in paying for patented or proprietary materials, specifications, or processes. In the final rule, FHWA also changed the title of section 635.411 to "Culvert and Storm Sewer Materials Types." Under its new title, the former paragraph (f) of section 635.411 will be retained to fulfill the mandate of section 1525 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) for States to retain autonomy for the selection of storm sewer material types.
Rulemaking documents to revise FHWA policy for 23 CFR 635.411 Material or Product Selection
Archive
- Ultra High Performance Concrete (UHPC) - Availability of Domestic Source of Steel Fiber Reinforcement and Proprietary Product Concerns (02/12/2014) provides guidance concerning the application of material or product selection requirements and Buy America requirements when contracting agencies specify UHPC
- Patented and Proprietary Products: Database of FHWA Approvals (11/14/2012)
- Guidance on Patented and Proprietary Product Approvals (11/30/2011)
- Guidance on Patented and Proprietary Product Approvals (01/11/2006)
- FHWA Participation in the Acquisition of AASHTO's Construction Management System and Construction Engineering Equipment (06/12/1996)
- Product Selection (11/25/1987)
- Construction Projects Incorporating Experimental Features (04/07/2011)
- Product Databases
- Sample approvals for
- Experimental Product (23 CFR 635.411(a)(3))
- Public Interest Finding (23 CFR 635.411(c))