Flowchart 3B: Finding in the Public Interest (FIPI) for non-PODI Projects

Full Flowchart

You can also dig more deeply into the separate pieces of the flowchart below.

 Process to justify proprietary, sole source or local agency furnished Items

When the use of a patented or proprietary (trade name), sole source or local agency furnished item is essential for a project, you must prepare a Finding in the Public Interest to document that no equally suitable alternative exists.

This flowchart depicts the process to obtain a Finding in the Public Interest for projects that are not projects of (FHWA) division interest (PODI). As depicted, one or more of the following criteria must be documented on CDOT Form 1381 Proprietary Item – Certifications of Finding in the Public Interest to justify the use of proprietary items:

  1. CDOT certifies that such patented or proprietary item is essential for synchronization with existing transportation facilities; or
  2. CDOT certifies that no equally suitable alternative 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.

A Finding in the Public Interest may be written for use of a proprietary item on a specific project, for use on a region-wide basis or for use on state-wide basis. A project-specific Finding in the Public Interest applies only to that one project and cannot be used to justify use of the proprietary item on other projects.

See Section 2.24, "Proprietary Items," of the CDOT Project Development Manual for further information, and for a FIPI process flowchart for Projects of (FHWA) Division Interest (PODI).