On September 27, 2019, the Federal Highway Administration (FHWA) issued a final rule in the Federal Register rescinding the requirements in 23 CFR 635.411 (a)-(e) that limit the use of Federal funds in paying for patented or proprietary materials, specifications, or processes specified in project plans and specifications. It is believed that rescinding the regulations will provide greater flexibility and encourage innovation in the development of highway transportation technology and methods.
Effective October 28, 2019, local agencies are no longer required to submit Exhibit 12-F: Cost-Effective Determination/Public Interest Finding, for using the patented or proprietary materials in Federal-aid highway projects. Federal funds participation will no longer be restricted when local agencies specify a trade name in Federal-aid contracts.
The Office Bulletin (OB) #20-01 “Rescission of Patented or Proprietary Product Regulations” is posted here: https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/ob/2020/ob20-01.pdf