Patented/Proprietary Products
General
A “proprietary” purchase is the acquisition of a product or service that limits competition to one manufacturer or vendor and does not allow an equivalent product to be supplied. Prior to October 28, 2019, federal funds would not participate in a premium or royalty on any patented or proprietary product. However, this regulation was revised per
to provide that project sponsors may procure patented or proprietary products, and will no longer be required to provide certifications, request public interest findings (PIFs), or develop research or experimental work plans.
The LG should provide notification to TxDOT with the proposed PS&E if it intends to specify patented or proprietary products in a contract. The primary purpose of the policy is to allow TxDOT an opportunity to ensure compatibility with existing systems and specifications.
Federal Requirements
- No federal statutes currently restrict the specification for use of patented or proprietary products, as provided by discussing the revisions to .
State Requirements
- – Requires a written justification to be provided to the Texas Facilities Commission for products proprietary to one vendor and procured through the Comptroller.
Required Practices
A LG may not specify the use of proprietary products in its contracts without prior notification to TxDOT as described in the
.