FHWA Repeals its Proprietary Product Rule, Allows Geosystems’ Products to be Specified

By: William G. Handlos, P.E.

Design engineers received good news on September 23, 2019, when the Federal Highway Administration repealed 23 CFR 635.411(a)-(e).

Colloquially known as the “Proprietary Product Rule”, the long-standing provision made it difficult to use patented or proprietary products or technologies in federally funded projects, unless they first received a seldom-granted Public Interest Finding or classified the project as experimental.

Specialty engineered and innovative systems, such as the GEOWEB® soil stabilization (geocells) lineup of products have at times been difficult to specify because there is simply nothing quite like it in the marketplace. While other geocell manufacturers exist, the Geosystems products have patented innovations making it unique in the products’ ability to perform far better than other “or equal” systems.

Now, engineers will no longer be constrained to the lowest common denominator offerings from the marketplace and instead can use technically advanced materials that reduce costs, speed construction and save money.

According to Federal Highway Administrator Nicole R. Nason, “This final rule promotes innovation by empowering states to choose which state-of-the-art materials, tools, and products best meet their needs for the construction and upkeep of America’s transportation infrastructure.”