Form DF-16 "Request for Approval of Patented/Proprietary Pavement Items on Non-fhwa Funded Contracts" - New Jersey

What Is Form DF-16?

This is a legal form that was released by the New Jersey Department of Transportation - a government authority operating within New Jersey. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2021;
  • The latest edition provided by the New Jersey Department of Transportation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form DF-16 by clicking the link below or browse more documents and templates provided by the New Jersey Department of Transportation.

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Download Form DF-16 "Request for Approval of Patented/Proprietary Pavement Items on Non-fhwa Funded Contracts" - New Jersey

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Form DF-16 (01/2021)
NEW JERSEY DEPARTMENT OF TRANSPORTATION
REQUEST FOR APPROVAL OF PATENTED/PROPRIETARY
PAVEMENT ITEMS ON NON-FHWA FUNDED CONTRACTS
State funds are not to participate, directly or indirectly, in payment for any patented and proprietary pavement, paving material, ingredients used
in paving, specification, or process set forth in the Plans and specifications for a contract in accordance with Title 27 N.J.S.A. 27:2-4 unless:
1.
The patented or proprietary pavement item is purchased or obtained through competitive bidding with 2 or more equally suitable unpatented
items; or
2.
The Designer certifies either the patented or proprietary pavement item is essential for synchronization or no suitable alternative exists; or
3.
The patented/proprietary pavement item is used for research or for a distinctive type of construction on relatively short sections of road for
experimental purposes.
Section A:
STATE CERTIFIES AND/OR REQUESTS A PUBLIC INTEREST DETERMINATION FOR
Synchronization with existing facilities
No suitable Alternative/Sole Source
Experimental or Research Purposes
Other (explain)
Section B:
SPECIFIC CONTRACT INFORMATION
Project Description:
DP#:
Route:
Section:
County:
Section C:
PRODUCT DESCRIPTION
(NOTE: Provide detailed information concerning the intended use of the product. Attach relevant product information as warranted.)
Page 1 of 4
Form DF-16 (01/2021)
NEW JERSEY DEPARTMENT OF TRANSPORTATION
REQUEST FOR APPROVAL OF PATENTED/PROPRIETARY
PAVEMENT ITEMS ON NON-FHWA FUNDED CONTRACTS
State funds are not to participate, directly or indirectly, in payment for any patented and proprietary pavement, paving material, ingredients used
in paving, specification, or process set forth in the Plans and specifications for a contract in accordance with Title 27 N.J.S.A. 27:2-4 unless:
1.
The patented or proprietary pavement item is purchased or obtained through competitive bidding with 2 or more equally suitable unpatented
items; or
2.
The Designer certifies either the patented or proprietary pavement item is essential for synchronization or no suitable alternative exists; or
3.
The patented/proprietary pavement item is used for research or for a distinctive type of construction on relatively short sections of road for
experimental purposes.
Section A:
STATE CERTIFIES AND/OR REQUESTS A PUBLIC INTEREST DETERMINATION FOR
Synchronization with existing facilities
No suitable Alternative/Sole Source
Experimental or Research Purposes
Other (explain)
Section B:
SPECIFIC CONTRACT INFORMATION
Project Description:
DP#:
Route:
Section:
County:
Section C:
PRODUCT DESCRIPTION
(NOTE: Provide detailed information concerning the intended use of the product. Attach relevant product information as warranted.)
Page 1 of 4
Form DF-16 (01/2021)
Section D:
REASONS FOR REQUESTED APPROVAL
(NOTE: Justification should document engineering and economic considerations, product availability and compatibility, logistical concerns, and
other unique considerations. The purpose is to document a finding of public interest. Attach supporting documentation as deemed appropriate
by NJDOT.)
Page 2 of 4
Form DF-16 (01/2021)
Section E:
SIGNATURE BLOCKS
REQUESTOR SIGNATURE:
REQUESTOR NAME & TITLE
DATE:
Section F: TO BE COMPLETED BY MANAGER OF BUREAU OF MATERIALS
REMARKS
APPROVED BY:
NAME & TITLE
DATE:
Section G: TO BE COMPLETED BY MANAGER OF PAVEMENT & DRAINAGE MANAGEMENT &
TECHNOLOGY
REMARKS
APPROVED BY:
NAME & TITLE
DATE:
Page 3 of 4
Form DF-16 (01/2021)
Questions and Answers Regarding Waivers
1.
What is a proprietary product?
Generally, this is a product, specification, or process identified in the plans or specifications as a “brand” or trade name (e.g.
Fort Miller Co. Super-Slab, Endurablend). However, it may also be a product so narrowly specified that only a single
provider can meet the specification.
2.
Are patented products considered proprietary?
Yes, if the patented product is identified within the Plans or specifications as a “brand” or trade name; or the specification is
written so that only the patented product can meet the specification.
3.
If the patent of a product expires, does the Designer still need to certify and/or request to utilize the product for
the product to be considered for use?
Depends upon the situation. If the patent expires but the product’s name is identified within the Plans and specifications without
2 or more equally suitable alternates then the product is considered proprietary.
4.
What is an example of a patented or proprietary item meeting the requirements of having 2 or more equally
suitable alternates?
For examples of patented or proprietary items meeting the requirements of having 2 or more equally suitable alternates, review
the NJDOT’s Qualified Products List. For example, for "quick setting patch" there are several products under the material
category of Quick Setting Patch, Type 1 that satisfy the 2 or more equally suitable alternatives condition.
5.
If a patented or proprietary item meets the requirements of having 2 or more equally suitable alternates, is a
waiver still required?
No as long as the Plans, specification, or qualified products list identifies all 3 products (ie. patented or proprietary item and
the 2 equally suitable alternates), a waiver is not required.
6.
What should the Designer consider during the material selection process?
If there are a limited number of products available that may meet the proposed specifications, the Designer should undertake
an engineering and economic analysis. The analysis should address the following questions:
Are there other products on the market that meet the specifications?
Are these products of satisfactory quality? and,
Are the anticipated costs for the products approximately the same?
The extent of the analysis should be appropriate for the value and complexity of the products involved, using life cycle cost
analysis to develop cost comparisons based on comparable designs to meet product requirements using the anticipated service
life for each product.
7.
May a Designer set "above average" performance standards for a product?
Yes. A Designer may specify a higher or "above average" standard of performance on certain construction projects. However,
if this "above average" standard reduces the pool of suitable products to a single proprietary product, the Designer must then
prepare a waiver, which would document its minimum needs and support its contention that such a performance standard is
necessary and reasonable to achieve these needs.
8.
What factors should be considered when basing the use of a proprietary product on synchronization?
Synchronization may be based on function (the proprietary product is necessary for the satisfactory operation of the existing
facility), aesthetics (the proprietary product is necessary to match the visual appearance of existing facilities), logistics (the
proprietary product is interchangeable with products in an agency’s maintenance inventory) or a combination of the three.
9.
What should be included in a Designer’s request to use a patented or proprietary product for research or
experimental purposes?
If the Designer requests to use a patented or proprietary product for research or for a distinctive type of construction on a
relatively short section of road for experimental purposes, it must submit an experimental product work plan for review and
approval. The work plan should provide for the evaluation of the proprietary product, and where appropriate, a comparison
with current technology.
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