USBE College Readiness Assessment - ACT
Open State & local contract opportunity Posted
- Solicitation number
- USBE-MH27120-SS
- State
- Utah
- Responses due
Opportunity facts
- NIGP code
- UNSPSC code
Opportunity details come from utah.bonfirehub.com. Updated .
About this opportunity
The Utah State Board of Education (USBE) intends to award a sole-source contract for the ACT College Readiness Assessment without a standard procurement process, with a due date of November 11, 2026 for vendor challenges. The award rests on ACT Education Corp. as the only source, which the August 14, 2026 sole-source letter supports by identifying ACT as 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, all asserted as copyright- and trademark-protected. USBE cites U.C.A. 63G-6a-802 as its authority and U.C.A. 53E-4-305, which requires the college readiness assessment to be the one most commonly submitted to Utah universities.
The justification's market data shows ACT submissions outpacing competitors in Utah. In the 2025-2026 school year, 45,073 of 53,851 ACT score reports (83.7 percent) went to Utah institutions, with the University of Utah receiving the largest volume at 8,211 reports. For Fall 2024 entering classes at four Utah universities, 81.5 percent of college preparation assessment scores submitted were ACT and 18.5 percent were SAT.
Vendors challenging the award must submit to the purchasing agent identified in the notice the contesting person's name and a detailed explanation, including documentation of other competing sources. Challengers should also include, as applicable, documentation that their firm can provide a comparable or better product that meets or exceeds the specifications, documentation of an equivalent proprietary or equivalent product, and, if transitional costs are the stated justification, a comparison of those costs against the transitional costs identified in the notice. Audra Ahumada, Sr. Program Director at ACT, is the designated contact for questions about the procurement.
Opportunity text
NOTICE OF INTENT TO AWARD A CONTRACT WITHOUT ENGAGING IN A STANDARD PROCUREMENT PROCESS The Utah State Board of Education (USBE) is publishing this notice in accordance with the Utah Procurement Code and, as authorized by U.C.A. § 63G-6a-802, intends to award a contract without engaging in a standard procurement process if it is determined by the Head of the Procurement Unit for USBE, in writing, that: There is only one source for the procurement item; Transitional costs are a significant consideration in selecting a procurement item and the transitional costs are unreasonable or cost-prohibitive; or The award of a contract is under circumstances, described in rules adopted by the board, that make awarding the contract through a standard procurement process impractical and not in the best interest of USBE. USBE's justification for awarding a contract without engaging in a standard procurement process is included in the Supporting Documentation section. Identification of Other Qualified and Interested Vendors The purpose 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 wishing to challenge the proposed award must submit to the purchasing agent identified in this notice 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, as applicable: 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, a comparison of the transitional costs identified in this notice against your firm's anticipated transitional costs. Regardless of any prior communications with USBE, all vendors interested in responding to this notice must submit a response to this posting containing all of the information requested above. ALL CHALLENGES TO THE PROPOSED CONTRACT AWARD MUST BE SUBMITTED THROUGH THE UTAH PUBLIC PROCUREMENT PLACE PORTAL, and any questions regarding this notice, including requests for additional information, must be submitted through the Public Procurement Place Portal during the public notice period. THIS NOTICE IS NOT A REQUEST FOR PROPOSALS, INVITATION FOR BIDS, OR REQUEST FOR QUOTES. No action is required if you have no objections to the proposed award. If, after the public notice period has passed, the Head of the Procurement Unit determines that there are other interested and qualified vendors that meet the specifications of this notice, USBE will not award a contract pursuant to this notice; otherwise, if no valid challenges are received, then USBE may award a contract to the identified vendor without engaging in a standard procurement process. Please read the entire form very carefully before responding to this notice.
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