7.13.2 District Conducts Final Agreement/Permit and Public Interest Statement Reviews

Before submitting the RTL plans to DES, the District must conduct a final agreement and permit review to ensure that supporting documents are in order and that the project is in full compliance with agreements and permits.
Determine if there are any proprietary or patented items in the plans, which will need a Public Interest Statement. FHWA policy prohibits the use of proprietary material or processes unless:
  • Item is purchased or obtained through competitive bidding with equally suitable unpatented items;
  • Department certifies that either the proprietary/patented item is essential for synchronization with existing highway facilities or no suitable alternative exists; or
  • Other equally acceptable materials are available; however, the department may require a specific material and FHWA approves its use as being in the “public interest”.
Materials and products that are determined to be equal may be bid under generic specifications. If only patented or proprietary products are acceptable, they must be bid as alternatives with all, or at least a reasonable number of, acceptable materials or products listed.