3-ACT Sole Source Letter - Justification.pdf

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Attached to
USBE College Readiness Assessment - ACT
Solicitation number
USBE-MH27120-SS
Issued by
Utah

About this file

This document is a sole source justification letter from ACT Education Corp. to the Utah State Board of Education (USBE) regarding the ACT College Readiness Assessment contract. The letter, dated August 14, 2026, and addressed to Scott Roskelley, Test Administration and Data Coordinator at USBE, establishes that ACT is the exclusive owner and licensor of all ACT assessment materials, including skill definitions, test documents, questions, answer choices, administration materials, data, scores, reports, and related derivatives. ACT asserts that these materials are proprietary, protected by copyright and trademark, and must be procured directly from ACT as the sole source provider.

The justification supports USBE's intent to award a contract without engaging in a standard procurement process under Utah Code 63G-6a-802, based on the determination that only one source exists for the procurement item. The letter serves as official documentation that ACT holds exclusive rights to the assessment materials and establishes the basis for bypassing competitive bidding. ACT designated Audra Ahumada, Sr. Program Director, as the primary contact for questions or additional information regarding the procurement.

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Text version

Version 20251124

August 14, 2026Recipient Name

Scott Roskelley Test Administration and Data Coordinator Utah State Board of Education 250 East 500 South P. O. Box 144200 Salt Lake City, UT 84114-4200

Dear Mr. Roskelley:

This letter is being sent to you to affirm that ACT Education Corp. (“ACT”) owns or has license for the ACT® assessments, including but not limited to, the skill definitions on which assessments are based, paper-based or online assessment documents, testing materials, test questions, answer choices, administration and registration materials, publications, data, the score resulting from the assessment, reports, documentation, related materials, and any and all derivatives or modifications thereof (collectively, the “ACT Materials”). ACT is the sole source and owner of the

ACT Materials. These ACT Materials are protected by copyright and trademark and must be ordered directly from ACT.

Thank you for your interest in ACT’s solutions. If you have any questions or need additional information, please do not hesitate to contact Audra Ahumada, Sr. Program Director at

956.494.5099 or by email at audra.ahumada@act.org.

Sincerely, Blake Curwen

Senior Vice President

500 ACT Dr. | Iowa City, Iowa 52243-0168

319.337-1000 blake.curwen@act.org | www.ACT.org cc: Audra Ahumada

Docusign Envelope ID: 5769A22D-AB32-8D12-83C4-17C3BF91D009 mailto:audra.ahumada@act.org mailto:blake.curwen@act.org http://www.act.org/

2026-08-14T20:01:50+0000
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File details come from the government source that posted it. Updated .