2-AASHTOWare Bridge Pavement Sole Source 2027 POST.pdf

STATE OF UTAH - DEPARTMENT OF TRANSPORTATION

UDOT Procurement

NOTICE OF INTENT TO AWARD A CONTRACT WITHOUT ENGAGING IN A STANDARD PROCUREMENT

PROCESS

UDOT Procurement is publishing this notice pursuant to the Utah Procurement Code. The Requesting Unit submitted this form to UDOT Procurement claiming that it intends to award a contract without competition if it is determined by UDOT Procurement, in writing, that:

● there is only one source for the procurement item;

● transitional costs are a significant consideration in selecting a procurement item; or

● the award of a contract is under circumstances, described in rules adopted by the applicable rulemaking authority, that make awarding the contract through a standard procurement process impractical and not in the best interest of the procurement unit.

In the subsequent pages the Requesting Unit has identified its justification for pursuing this process.

Determination of Other Interested Providers

The intent of this notice is to determine if there are any other interested and qualified providers that meet the specifications of this notice. Any such providers must submit the following information:

● The name of the provider; and

● A detailed explanation of the challenge, including documentation showing that there are other competing sources for the procurement item.

In addition, a provider should include:

● Documentation that the provider can provide a comparable or better procurement item that meets or exceeds the specifications;

● Documentation that the provider can also provide the same proprietary procurement item or an equivalent procurement item;

and

● If transitional costs are identified as the justification for this notice, submit a cost comparison of the identified transitional costs with the provider’s anticipated transitional costs.

Regardless of any prior communications with UDOT Procurement or the State, all providers interested in responding to this notice must submit a response to this posting containing complete responses to all of the information requested above.

DO NOT CONTACT THE REQUESTING UNIT. Any questions regarding this notice, including obtaining additional information, must be obtained through UDOT Procurement during the publication period. No action is required if you agree with this Notice.

If, after the public notice period has passed, UDOT Procurement determines that there are other interested and qualified providers that meet the specifications of this notice; UDOT Procurement will not award a contract pursuant to this notice.

If, after the public notice period has passed, no valid challenges have been received, then the UDOT Division of Procurement may award a contract to the identified vendor without competition.

Please read the entire form very carefully before responding to this notice.

It is anticipated that this procurement will result in a:

RESULT ACTION

UDOT Agency Contract

1. The term of this contract will be: and renewal options: .

2. NOTICE: The Requesting Unit may not make the procurement until the solicitation process is completed and a contract is written and signed by the Requesting Unit, the vendor, and UDOT Procurement.

Purchase Order 1. The Requesting Unit may not make the procurement until after the solicitation process is completed, the purchase order is signed by UDOT Procurement, and the purchase order is delivered to both the Requesting Unit and the vendor.

Other

___ GAX

___ P Card

1. NOTICE: The GAX option is for EXTENUATING circumstances only. Requesting Unit may not make the procurement until after the solicitation process is completed and the method of payment has been approved by UDOT Procurement.

2. Insert the Accounting Coding:

Description of procurement item to be purchased:

AASHTOWare:

Bridge Management Super Site Licenses Bridge Management Services Units Bridge Rating Unlimited Option Pavement ME Design - Subscription Service (9)

Estimated Total Term Cost/Cost per quote: $212,240 Freight Cost (F.O.B. Destination, Freight Prepaid):

Vendor Name: American Association of State Highway and Transportation Officials

Explain in detail the service or product to be procured (additional information is found on any attached Scope of Work):

AASHTO provided transportation software licenses Complete disclosure must be included with this request if the requestor has any personal, financial, or fiduciary relationship with the vendor. (Please Attach)

CHECK THE BOX THAT IDENTIFIES WHY A CONTRACT SHOULD BE AWARDED WITHOUT ENGAGING IN A

STANDARD PROCUREMENT PROCESS:

There is only one source for the procurement item, or Compatibility of equipment, technology, software, accessories, replacement parts, or service, including professional services, is the paramount consideration.

Complete section A

Transitional costs are a significant consideration in selecting a procurement item and the results of a cost-benefit analysis demonstrate that transitional costs are unreasonable or cost-prohibitive.

Complete section B

The award of a contract is under circumstances, described in rules adopted by the applicable rulemaking authority, that make awarding the contract through a standard procurement process impractical and not in the best interest of the procurement unit.

Complete section C

☐ A procurement item is needed for trial use or testing to determine whether the procurement item will benefit the agency. Complete section D

SECTION A: ONLY ONE SOURCE

1. What is unique about this procurement item to justify an award of contract without engaging in a standard procurement process? (Explain in detail why the service or product is only available from a single supplier.)

The software has been developed by AASHTO that is specific to support State Transportation agencies engineering needs. These licenses are designed for the Pavement and Bridge groups at UDOT.

AASHTO is a group of officials from all transportation organizations. Their purpose is to develop software to support the transportation agency’s needs. The software developed is based on requirements submitted by the agencies, and is proprietary.

2. Could the procurement item be reasonably modified to allow for competition?

No, this national association is the sole provider of their own software, which UDOT is a part of.

3. Explain the market research performed.

This software is proprietary to the association and not available through other vendors or resellers.

4. What research have you conducted to ensure the requested procurement item is not available on an existing state cooperative contract?

This software is proprietary to the association and not available through other vendors or resellers.

5. If there is only one source for the procurement item, list the names of other similar vendors contacted, contact person, and a summary of their response, None, see above

6. If the requestor has any personal, financial, or fiduciary relationship with the recommended vendor it must be disclosed in space below.

No personal, financial, or fiduciary relationship exists with the UDOT personnel and AASHTOWare.

SECTION B: TRANSITIONAL COSTS

1. Describe the existing equipment, technology, software, accessories, replacement parts, or service, hereafter referred to as equipment; include the original purchase price and date of purchase for the existing equipment.

2. Please supply the following:

a. Procurement method that was used to purchase the existing equipment? (IFB, RFP, Sole Source):

b. Solicitation number, RQS number, or sole source number for the existing equipment:

c. Contract number for the existing equipment:

3. Attach the cost-benefit analysis, as required by Utah Code Section 63G-6a-802 that demonstrates that transitional costs are unreasonable or cost-prohibitive.

SECTION C: STANDARD PROCUREMENT PROCESS IMPRACTICABLE

1. Cite the applicable rule that provides that awarding the contract through a standard procurement process is impractical and not in the best interest of the procurement unit under the circumstances; including any supporting documentation.

2. Please supply the following, if applicable:

a. Procurement method that was used to purchase the existing equipment? (IFB, RFP, Sole Source):

b. Solicitation number, RQS number, or sole source number for the existing equipment:

c. Contract number for the existing equipment

SECTION D: PROCUREMENT ITEM IS NEEDED FOR TRIAL USE OR TESTING TO DETERMINE WHETHER

THE PROCUREMENT ITEM WILL BENEFIT THE AGENCY

1. Why is the trial use or testing necessary? (Explain the purpose of the trial use or testing of the procurement item.)

2. What is the anticipated end result of the trial or test?

3. Do any other similar vendors provide this product or service?

a. If yes, list the company names, and whether their products will be tested:

4. What criteria were used to choose this vendor?

5. What is the scope, size, and location of test or trial?

6.

Contracts for trial and testing must follow the criteria listed in UCA 63G-6a-802.3, and the period for a trial use or testing of a procurement item under a trial use contract may not exceed 18 months, unless the procurement officer provides a written exception documenting the reason for a longer period. Exception attached yes: ☐ no: ☐

LEASING PERSONAL PROPERTY (Not Real Property) Lease requests must include an approved FI 9 State of Utah Lease Obligation Record form from the Division of Finance. The FI 9 State of Utah Lease Obligation Record form can be found on the Division of Finance website finance.utah.gov under Forms.

The Finance policy FIACCT 09-21.00 Fixed Assets – Leases can be found on the Division of Finance website under Accounting Policies and Procedures. ☐ Approved FI 9 attached.

FY22 UDOT AASHTO Software Request (1).pdf

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See the attached quote from AASHTO for the following products that are marked on the quote for Bridge & Pavement:

Bridge Management Super Site Licenses - $93,500 Bridge Management Services Units - $11,600 Bridge Rating Unlimited Option - $62,700 Bridge Total - $167,800

Pavement ME Design - Subscription Service (9 licenses) - $44,440

TOTAL $212,240