Patented and Proprietary Products Waiver Impact on ITS Procurements

This research is exploring the impacts of FHWA Final Rule Construction and Maintenance-Promoting Innovation in Use of Patented and Proprietary Products, in which the requirements in 23 CFR 635.411(a)-(e) were rescinded to encourage innovation in the development of highway transportation technology and methods. State DOTs will no longer be required to provide certifications, make public interest findings (PIFs), or develop research or experimental work plans to use patented or proprietary products in Federal-aid projects. This project will investigate how this waiver is being implemented in practice, through outreach to FHWA and State DOT procurement staff.