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CFR › Title 23 › Chapter I › Subchapter G › Part 635 › Subpart D › Section 635.411

23 CFR 635.411 - Material or product selection.

There is 1 rule appearing in the Federal Register for 23 CFR 635. Select the tab below to view, or View eCFR (GPOAccess)
§ 635.411
Material or product selection.
(a) Federal funds shall not participate, directly or indirectly, in payment for any premium or royalty on any patented or proprietary material, specification, or process specifically set forth in the plans and specifications for a project, unless:
(1) Such patented or proprietary item is purchased or obtained through competitive bidding with equally suitable unpatented items; or
(2) The State transportation department certifies either that such patented or proprietary item is essential for synchronization with existing highway facilities, or that no equally suitable alternate exists; or
(3) Such patented or proprietary item is used for research or for a distinctive type of construction on relatively short sections of road for experimental purposes.
(b) When there is available for purchase more than one nonpatented, nonproprietary material, semifinished or finished article or product that will fulfill the requirements for an item of work of a project and these available materials or products are judged to be of satisfactory quality and equally acceptable on the basis of engineering analysis and the anticipated prices for the related item(s) of work are estimated to be approximately the same, the PS&E for the project shall either contain or include by reference the specifications for each such material or product that is considered acceptable for incorporation in the work. If the State transportation department wishes to substitute some other acceptable material or product for the material or product designated by the successful bidder or bid as the lowest alternate, and such substitution results in an increase in costs, there will not be Federal-aid participation in any increase in costs.
(c) A State transportation department may require a specific material or product when there are other acceptable materials and products, when such specific choice is approved by the Division Administrator as being in the public interest. When the Division Administrator's approval is not obtained, the item will be nonparticipating unless bidding procedures are used that establish the unit price of each acceptable alternative. In this case Federal-aid participation will be based on the lowest price so established.
(d) Reference in specifications and on plans to single trade name materials will not be approved on Federal-aid contracts.
(e) In the case of a design-build project, the following requirements apply: Federal funds shall not participate, directly or indirectly, in payment for any premium or royalty on any patented or proprietary material, specification, or process specifically set forth in the Request for Proposals document unless the conditions of paragraph (a) of this section are applicable.
[41 FR 36204, Aug. 27, 1976, as amended at 67 FR 75926, Dec. 10, 2002; 71 FR 66454, Nov. 15, 2006]

Title 23 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 23.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-01-28; vol. 78 # 18 - Monday, January 28, 2013
    1. 78 FR 5715 - Construction and Maintenance—Culvert Pipe Selection
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Highway Administration
      Final rule.
      This rule is effective February 27, 2013.
      23 CFR Part 635

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 23 - HIGHWAYS

§ 101 - Definitions and declaration of policy

§ 109 - Standards

§ 112 - Letting of contracts

§ 113 - Prevailing rate of wage

§ 114 - Construction

§ 116 - Maintenance

§ 119 - Interstate maintenance program

§ 128 - Public hearings

§ 315 - Rules, regulations, and recommendations

USC : Title 31 - MONEY AND FINANCE

§ 6505 - Authority to provide specialized or technical services

§ 6506 - Development assistance

U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 3334 - Coordination of Federal aids with local governments

§ 4601 - Definitions

§ 4602 - Effect upon property acquisition

§ 4603 - Additional appropriations for moving costs, relocation benefits and other expenses incurred in acquisition of lands for National Park System; waiver of benefits

§ 4604 - Certification

§ 4605 - Displaced persons not eligible for assistance

Title 23 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 23 CFR 635 after this date.

  • 2013-01-28; vol. 78 # 18 - Monday, January 28, 2013
    1. 78 FR 5715 - Construction and Maintenance—Culvert Pipe Selection
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Federal Highway Administration
      Final rule.
      This rule is effective February 27, 2013.
      23 CFR Part 635