7.13.1 Requirements For Proprietary/Sole Source Product Procurement and Approval

All requests for use of proprietary/sole source products must be submitted to the appropriate Engineering Division for review and approval based on subject matter expertise of the device in question. This request should be submitted during the construction/maintenance project’s design phase to allow for adequate review time of this request.
This request must include product details (e.g., model name, number, etc.) and justification for why this specific product is required. Examples of acceptable justifications include:
  • A specific project need justifies the use of a proprietary device or product in which no suitable alternate is available, or
  • There is a need for compatibility because of:
    • Function
      - operates with an existing facility (e.g., the city’s existing signal control system, which contains a significant percentage of intersections, is already working with only one brand and model of controller);
    • Aesthetics
      - matches the visual appearance of an existing facility (e.g., a specific light pole in a city historical area or specific light pole designated in the vicinity of previous projects);
    • Logistics
      - interchangeable with products in an agency’s maintenance inventory (e.g., due to scarce county financial and labor resources, specifying one type of MASH compliant end treatment already in use and maintained by the county which will be responsible for maintenance of this location); or
    • Safety
      - upgrade to higher safety criteria (e.g., desire to use latest crash test criteria device (e.g., MASH) when there is only one such proprietary device available for that category of device, and the other devices within that category meet a lesser criteria).
For requests initiated by a LG, it is the District’s responsibility to verify that the request justification is valid and state District concurrence in the request for approval.
A generic template for this request memo can be found on TxDOT.gov Design Forms and Guides webpage (Sole Source Request Form – template).
The final approval will be by the Division Director, or a designee as delegated by the Division Director. The final approved memo will be retained with the project File of Record.
Additional Subject Matter Expert points of contact for the form submittal can be contacted:
  • DES:
     Project Delivery Section Director
  • BRG:
     Bridge Standards Engineer
  • TRF-TM:
     Engineering Support Branch Manager (ITS & Traffic Signals)
  • TRF-TE:
     Engineering Operations Branch Manager (Signing & Illumination)
  • MNT:
     Field Engineering Support