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• Should the FHWA discover that the qualification testing was flawed, that in- <br />service performance reveals unacceptable safety problems, or that the device <br />being marketed is significantly different from the version that was crash tested, it <br />reserves the right to modify or revoke its acceptance. <br />• You will be expected to supply potential users with sufficient information on <br />design and installation requirements to ensure proper performance. <br />• You will be expected to certify to potential users that the hardware furnished has <br />essentially the same chemistry, mechanical properties, and geometry as that <br />submitted for acceptance, and that they will meet the crashworthiness <br />requirements of FHWA and NCHRP Report 350. <br />• To prevent misunderstanding by others, this letter of acceptance, designated as <br />number WZ-t09 shall not be reproduced except in full. This letter, and the test <br />documentation upon which this letter is based, is public information. All such <br />letters and documentation may be reviewed at our office upon request. <br />• The Qwick Kurb may include patented components and if so are considered <br />"proprietary." The use of proprietary work zone traffic control devices in Federal - <br />aid projects is generally of a temporary nature. They are selected by the <br />contractor for use as needed and removed upon completion of the project. Under <br />such conditions they can be presumed to meet requirement "a' given below for <br />the use of proprietary products on Federal -aid projects. On the other hand, if <br />proprietary devices are specified for use on Federal -aid projects, except exempt, <br />non -NHS projects, they: (a) must be supplied through competitive bidding with <br />equally suitable unpatented items; (b) the highway agency must certify that they <br />are essential for synchronization with existing highway facilities or that no , <br />equally suitable alternative exists or; (c) they must be used for research or for a <br />distinctive type of construction on relatively short sections of road for <br />experimental purposes. Our regulations concerning proprietary products are <br />contained in Title 23, Code of Federal Regulations, Section 635.411, a copy of <br />which is enclosed. <br />Sincerely urs, <br />6Geo a stensen <br />ro anager, Safety <br />Enclosure <br />4 <br />