Public Interest Findings/Certifications/Cost Effectiveness Findings
Federal regulations provide for exceptions to requirements when justified with documentation of Public Interest Findings, Certifications and Cost Effectiveness Findings. The three documents have slightly different purposes:
- Public Interest Findings (PIFs) clearly demonstrate that the proposed deviation is more beneficial to the public than meeting the requirement.
- Certifications allow the State or Local Agency official to attest that the benefit of using a material, product or piece of equipment supports the request to waive the requirement.
- Cost Effectiveness Findings clearly demonstrate that the proposed deviation is more cost effective than meeting the requirement.
A project may require multiple PIFs, Certifications, or Findings of Cost Effectiveness depending on the project scope, complexity or the procurement method(s) used.
Patented and Proprietary Products
Effective October 28, 2019 FHWA rescinded the regulatory provision that requires submittal of documentation to FHWA for patented and proprietary products in 23 CFR 635.411(a)-(e). This did not change the requirement to complete and maintain documentation in the project files. MnDOT is evaluating the impact of this action and will issue the appropriate documentation when it is available.
For additional information, see the Patented and Proprietary Products Federal Regulation Changes (PowerPoint) presentation.
State or Local Agency Furnished Materials
Manufactured materials furnished by the State or Local Agency must be procured through competitive bidding, unless there is a PIF for another approved procurement method.
All requests for purchasing Patented and Proprietary products with the Minnesota Department of Administration require PIFs or Certifications. The Division Administrator or authorized designee must concur with the alternative procurement method.