(a) Purpose. The purpose of this section is to provide for the evaluation of new products to determine whether such a product may be used by the department in carrying out its functions and duties.

(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Department--The Texas Department of Transportation.

(2) Executive director--The executive director of the Texas Department of Transportation.

(3) Person--Includes an individual, corporation, association, and any other legal entity.

(c) Application.

(1) To submit a product for evaluation, a person must submit to the executive director or the executive director's designee an application in a form prescribed by the department.

(2) The department may request that the person submit additional information, such as test reports, engineering reports, or other information citing the economic, environmental, or engineering benefits of the product.

(3) A person who submits an application for a patented product must provide the department with a written certification that the person is the holder of the patent, or has rights to market the product under license by the patent holder.

(4) An application form may be obtained from the department's Internet site by searching on the phrase: product evaluation.

(d) Restrictions.

(1) A department determination of product acceptability does not: (A) obligate the department to procure the product or require any of its contractors to procure the product for use on department projects; or (B) constitute endorsement or finding of suitability of use other than for the department.

(2) A person may not represent a determination of product acceptability as an endorsement or finding of suitability of the product.

Source Note: The provisions of this §13.7 adopted to be effective September 15, 2010, 35 TexReg 8385