The U.S. Department of Transportation’s Federal Highway Administration (FHWA) recently updated a more than 100-year-old rule that dictates which products or services can be used on federally funded highway projects.
For more than a century, state contracting agencies were prohibited from using federal funds to purchase patented or proprietary materials, products, or services, except under certain limited circumstances. The change will allow agencies to use patented or proprietary technology.
The change will increase efficiency and flexibility, improve safety and save tax dollars, the agency said. The change also means state departments of transportation will no longer need to develop research or experimental work plans, make public interest findings, or provide certifications.
“This final rule promotes innovation by empowering states to choose which state-of-the-art materials, tools, and products best meet their needs for the construction and upkeep of America’s transportation infrastructure,” Nicole R. Nason, FHWA administrator, said.
The change will go into effect on Oct. 28.
FHWA sought public comments and received more than 100 positive responses from state departments of transportation, manufacturers and suppliers, construction companies, and associations.
The American Road and Transportation Builders Association requested the repeal in March 2018. American Trucking Associations also supports the rule change.