Is it acceptable to bid patented devices against other patented devices when no generic product exists?
Yes. At present, single proprietary products can be specified under 23 CFR 635.411(a)(2) if the STA or LPA can certify that no suitable unpatented product exists. However, if two or more proprietary products exist, they can and should be bid competitively. • For a performance-based warranty specification, if the warranty period exceeds that of the manufacturer-provided warranty, may the contractor select multiple listed acceptable products to fulfill the warranty requirements? Yes. If for example, a STA or LPA requires the contractor to warrant the pavement markings for 7 years after project acceptance, and the listed acceptable products have manufacturer warranties of less than 7 years, the contractor may opt to use any combination of listed acceptable products to fulfill the requirements of the performance-based warranty • What factors should be considered when basing the use of a proprietary product on synchronization? Synchronization may be based on: • function (the proprietary pro
