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

Flowchart 3B
Caption: Flowchart 3B process flowchart outlining the roles for the Local Public Agencies and the Colorado Department of Transportation. Details and information provided in this flowchart image is outlined below.

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Flowchart 3B Project Development Phase Information

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.
  • Refer to 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).
3B.1 Start: Local Public Agency selects Patented or Proprietary Process
  • If product is unique:
    • Fill out CDOT Form 1381 for Certification “No equally suitable alternative exists”
    • Forward to CDOT Program Manager
    • CDOT PM forwards to Resident Engineer for approval, files in project folder and sends a copy to Standards & Specs Unit for tracking purposes
  • If product is not unique and product is required for synchronization:
    • Fill out CDOT Form 1381 for Certification “it is essential for synchronization”
    • Forward Form 1381 to CDOT PM
    • CDOT PM forwards to Resident Engineer for approval, files in project folder and sends a copy to Standards & Specs Unit for tracking purposes
  • If product is not required for synchronization, FIPI
  • If for research or experimental purposes:
    • Fill out CDOT Form 1381 FIPI for “research or experimental purposes”
    • Forward Form 1381 to CDOT PM
    • CDOT PM forwards to Resident Engineer for approval, files in project folder and sends a copy to Standards & Specs Unit for tracking purposes
  • If not for research or experimental purposes and in public interest not to allow any other products even though other equal products are available:
    • Fill out CDOT Form 1381 for FIPI “it is in the public interest.”
    • Forward Form 1381 to CDOT PM
    • CDOT PM forwards to Resident Engineer for approval
    • CDOT PM forwards approved form to LPA
  • If not for research or experimental purposes and not in public interest not to allow any other products even though other equal products are available, discuss with CDOT PM