UDOT Notice of Sole Source- Additional funds to existing Bentley Contract

The Utah Department of Transportation has issued a public notice of its intent to award a sole source contract to Bentley Systems, Inc., for additional EPS-365 subscriptions for SYNCHRO Construction E365 Tier 10, including 32 Blueprint credits, with an estimated value of $734,354. This procurement is justified based on the unique capabilities of Bentley's proprietary software, the impracticality of switching vendors due to significant transitional costs, and the absence of alternative sources capable of meeting the agency’s requirements. The contract, identified as #226134, originally expiring on September 30, 2024, includes two renewal options and is executed under Utah’s procurement rules that permit non-competitive awards when justified. The notice invites interested parties to challenge the sole source determination by submitting detailed documentation demonstrating the existence of other qualified sources or comparable products; if no valid challenge is received by the deadline, the agency may proceed with the award. The contractual framework is governed by Utah’s procurement statutes, particularly sections addressing sole source justification, transitional costs, and impracticality of standard procurement processes. No explicit federal FAR clauses or specific contract clauses are incorporated; instead, the process relies on Utah administrative rules and statutory provisions. The procurement process emphasizes transparency through public notice and opportunity for challenge, with the evaluation centered on the sole source justification, transitional cost analysis, and the practicality of competition. The contract's scope involves the provision of proprietary software subscriptions, with performance and delivery primarily via electronic means, and no detailed specifications or inspection criteria are specified beyond the proprietary nature of the product. The agreement includes renewal options and provisions for extensions, but lacks explicit clauses on packaging, marking, or quality assurance procedures. Administrative details such as payment offices, invoicing methods, and contract management contacts are minimally specified, with the primary point of contact being M Parry at the Utah Department of Transportation. Overall, the procurement exemplifies a streamlined sole source process rooted in justified exclusivity, emphasizing transparency, public participation, and adherence to Utah’s statutory framework.