2-FY2026- Notice of Sole Source Contract Funds Increase- Bentley.pdf

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

This notice is published pursuant to the Utah Procurement Code. The Conducting Procurement Unit submitted this form claiming that it intends to award a contract without competition if it is determined, 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 Conducting Procurement Unit has identified its justification for wanting to award a contract without engaging in standard procurement process.

Determination of Other Interested Vendors

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

• The name of the contesting person; and

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

In addition, a vendor should include:

• Documentation that your firm can provide a comparable or better procurement item that meets or exceeds the specifications;

• Documentation that your firm 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 your firm’s anticipated transitional costs.

Regardless of any prior communications with the Division of Procurement or the State, all vendors 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 CONDUCTING PROCUREMENT UNIT. Any questions regarding this notice, including obtaining additional information, can be obtained through the Division of Purchasing during the publication period. No action is required if you agree with this Notice.

If, after the public notice period has passed, the Division of Purchasing determines that there are other interested and qualified vendors that meet the specifications of this notice, the Division of Purchasing 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 Division of Purchasing may award a contract to the identified vendor without competition.

Read the entire form very carefully before responding to this notice.

It is anticipated that this procurement will result in a:

RESULT ACTION

Agency Contract The term of this contract (or extension) will be: same as existing contract #226134 (end date of 9/30/2024) and renewal options: two one-year renewal options.

The agency may not make the procurement until the solicitation process is completed and a contract is written and signed by the agency, the vendor, and the Division of Purchasing.

Purchase Order The agency may not make the procurement until the solicitation process is completed, the purchase order is signed by the Division of Purchasing and delivered to the agency and the vendor.

Description of procurement item to be purchased: EPS-365 subscriptions for SYNCHRO Construction E365 Tier 10

Estimated value of the contract/purchase order/increase: $734,354.00 (32 Blueprint credits)

Freight Cost (F.O.B. Destination, Freight Prepaid): $0.00

Vendor Name: Bentley Systems, Incorporated

Explain in detail the service or product to be procured (additional information included in attached Scope of Work): EPS-365 subscriptions for SYNCHRO Construction E365 Tier 10 - 32 Blueprint credits.

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

PROCUREMENT PROCESS:

Sole Source - There is only one source for the procurement item. Complete Section A

Transitional Costs - 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, and that the award of a contract without engaging in a standard procurement process is in the best interest of the procurement unit.

Complete Section B

Impracticality - 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

Trial use contract for a new or innovative procurement item, or for a procurement item with a novel or unproven use or application. Complete Section D

Extension of a contract without engaging in a standard procurement process. If extension will result in a request to increase the contract total, complete Section F below as well. Complete Section E

Request to increase total contract amount. Complete Section F

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.)

We are already getting products and services from Bentley under contract #226134, but our utilization has increased, mandating this increase in funds and product.

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

Not with our current usage

3. Explain the market research performed.

None

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

What Bentley does is unique to UDOT and DFCM, so this product has not been put on a cooperative, but rather remains on this agency-specific contract

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, N/A

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. 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.

Review R33-8-101c and provide supporting justification why 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. 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: TRIAL USE CONTRACT

1. Describe how this trial use contract for the new or novel procurement item will benefit your agency.

2. Describe how the procurement item is new or innovative, or how the procurement item has a proposed use/application that is novel or unproven.

3. Describe why a trial use contract exception is necessary for this procurement item at this time as opposed to conducting a standard procurement process to procure the procurement item.

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

5.

How long does the agency need to test the procurement item and what quantities of the procurement item (if applicable) will be necessary to test this procurement item? Note trial use contracts generally cannot exceed a period of 24 months.

SECTION E: EXTENSION OF CONTRACT WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS The procurement official may extend a contract up to 120 days. For extensions beyond 120 days, the procurement official may extend the contract after consulting with legal counsel.

Contract Start Date: Enter date. Current End Date: Enter date.

Proposed End Date: Enter date. Contract Number: Enter text.

1.

Is this request for a contract extension the result of a protest, appeal or court action? If yes, agency does not need to complete items 2-5 below. Provide the solicitation number that resulted in a protest and date of the protest, appeal or court action.

2.

Describe why extending this contract without engaging in a standard procurement process is necessary to avoid a lapse in a critical government service, OR to mitigate a circumstance that is likely to have a negative impact on public health, safety, welfare, or property.

3.

Confirm the procurement unit is currently engaged in a standard procurement process for the procurement item that is subject to the contract extension request and that the standard procurement process is delayed due to an unintentional error.

4.

Justification for Extension: check all that apply:

☐ The standard procurement process is delayed due to an unintentional error.

☐ A change in an industry standard requires one or more significant changes to specifications for the procurement item.

☐ To prevent the loss of federal funds.

☐ To mitigate the effects of a delay of a state or federal appropriation.

☐ To enable the procurement unit to continue to receive a procurement item during a delay in the implementation of a contract awarded pursuant to a procurement that has already been conducted.

☐ To enable the procurement unit to continue to receive a procurement item during a period of time during which negotiations with a vendor under a new contract for the procurement item are being conducted.

5. For the selection(s) above, provide any additional details regarding the circumstances justifying a contract extension.

SECTION F: REQUEST TO INCREASE TOTAL CONTRACT AMOUNT

If the original solicitation type was an ACWESPP (e.g. sole source) and the additional amount will make the contract total go above $50K, then a public notice is required to increase the contract total. This public notice is not necessary if the procurement official waives the public notice requirement in accordance with R33-8-101e.

Contractor Name: Bentley Systems, Inc. Contract Number: 226134

Original Contract Total: $1,904,599.00 Current Contract Total: $2,638,984.00

Proposed Contract Total: $3,373,338.00 % Increase from Original: 27.8%

Solicitation Number: SOL0001589 Solicitation Type: Sole source Product or Service Description: EPS-365 subscriptions for SYNCHRO Construction E365 Tier 10 Why is the contract total being increased? Check all that apply.

☐ The term of the contract is being extended (also complete Section E above if extending).

☒ The quantity of products or services needed has increased.

☐ The price, rate, or fee for a product or service has increased.

☐ A new or upgraded product or service is needed.

https://utah.service-now.com/u_contract_solicitation.do?sys_id=8d70c5571b0a7410f64f84c0604bcb52&sysparm_view=text_search&sysparm_record_target=u_contract_solicitation&sysparm_record_row=1&sysparm_record_rows=1&sysparm_record_list=u_contract%3D7404602e1bbab410f64f84c0604bcbe9%5EORDERBYDESCu_entry_date

Provide details for the answer that was selected in the previous question. Provide any reasons for the increase.

This application is part of our EPS-365 contract, but our utilization has increased

The information contained in this document is proprietary to Bentley and is not to be disclosed to any third party without Bentley’s express prior written consent.

Additional Product List www.bentley.com

Subscriber: Utah DOT Ultimate ID: 1001385944 Effective Date: , 2023

EPS-365 Additional Subscriptions and Entitlements This list details EPS-365 subscriptions which require your approval to be added to your portfolio. Please initial next to the desired subscription and list quantities where requested.

EPS-365 Additional Subscription Fees – Category C Your Annual EPS-365 Fees are paid annually in advance of each Contract Year based on historic usage of consumption-based products, plus any specified Category C subscription(s) below, less any applicable discounts. Category C subscription fees are included as a subset of your Annual EPS-365 Fees.

Requests to add new or change existing Category C subscriptions in the EPS-365 program may incur additional cost if the new solutions are not already factored into the EPS-365 Fees calculation.

SIGNATURE: DATE:

PRINT NAME: TITLE:

Material ID Product Counting Price (Annual) Quantity 16 SYNCHRO Construction E365 Tier Subscription $ 00 1