FHWA Rule Update Gives States More Choice

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The Federal Highway Administration (FHWA) has officially changed an outdated federal requirement that required states to justify the procurement of proprietary or patented products. Effective October 29, 2019, the updated rule gives states greater flexibility with the products and services they can procure for federally funded highway projects.

The change is meant to save taxpayer money while increasing safety and efficiency.

“This much-needed update of a century-old, obsolete rule will benefit state transportation infrastructure projects and save millions of taxpayer dollars,” says U.S. Transportation Secretary Elaine L. Chao.

By enabling states to select the state-of-the-art products and services – patented, proprietary or neither – best suited to each project’s needs, the change will also promote innovation, according to Federal Highway Administrator Nicole R. Nason.

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Robert Kurka

TAPCO | Product Manager

With over a decade in business development, marketing and product management, Robert strives to improve transportation safety through innovation.

He is a pedestrian safety solutions expert who especially enjoys working with the TAPCO family to develop lifesaving products and solutions, such as the SafeWalk® Crosswalk Illuminator and the VizMark™ Pavement Marking Enhancement.


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