Publicly Owned Equipment

General
Publicly owned equipment is defined as “… equipment previously purchased or otherwise acquired by the public agency involved for use in its own operations.” Publicly owned equipment should not normally compete with privately owned equipment on a contracted project. However, in exceptional cases, the use of publicly owned equipment may be justified if the LG can show it is clearly cost effective. When supported by a public interest finding, TxDOT may approve the LG’s proposal to use publicly owned equipment. The
LGPM Guide
describes the procedures that must be followed in order to use publicly owned equipment.
Federal Requirements
  1. 23 CFR §635.106
    – Prohibits publicly owned equipment from competing with privately owned equipment on a project to be let to contract. There are limited exceptions when justified in writing as being in the public interest.
State Requirements
  1. No comparable statute.
Required Practices
The LG may only use publicly owned equipment when supported by a public interest finding approved by TxDOT. The LG must follow the required practices as described in the
LGPM Guide
.