2025-06-05 - PC 1424 -COMPETITION-IMPRACTICABLE-JUSTIFICATION-FORM-BENTLEY-SYSTEMS-02-12-25-SIGNED.PDF

Docusign Envelope ID: 47D037E3-04F9-4B84-B04E-FB833A3B7365 
Office of Procurement Services 
GOODS AND SERVICES 
COMPETITION IMPRACTICABLE FORM 
This form is to be used when a department believes an acquisition is considered Competition Impracticable and the acquisition 
dollar amount is above $10,000. The Chief Procurement Officer can approve purchases up to $100,000. Board of Supervisors 
approval is required if the acquisition is over $100,000. This form must be submitted for approval to: Office of Procurement 
Services | 301 W Jefferson Street Suite 700 | Phoenix, AZ 85003. Fax number: 602.506.6766. The signed form must be retained 
in the purchasing file. Unless approved by the Board of Supervisors in a formal agenda item or the Chief Procurement Officer in 
a formal Contract a CI form is valid from July 1 thru June 30th of each Fiscal Year. 
DEPARTMENT NAME Transportation
DEPARTMENT RX# 
PROPOSED CONTRACT VENDOR 
NEED IDENTIFIED Date: 12/01/2024 
REQUESTED DELIVERY 06/01/2025 
Date: 
QUOTED PRICE: 
1,236,672.69 
Accounting String:  232-D640-6427-1000-81 
Company: 
Address: 
City, State: 
Zip/Postal Code: 
Phone: 
Fax: 
Contact Name: 
Bentley Systems, Incorporated 
685 Stockton Dr 
Exton, PA 
19341 
800-236-8539 
610-458-2779 
Rob Mason 
DESCRIPTION OF GOODS OR SERVICES REQUIRED:
The estimated cost of this Procurement is: 
✔≤ $100k
> $100k
Is this a Technology Procurement? 
✔ Yes 
No 
Bentley software consists of a Computer Aided Drafting and Design (CADD) software application and discipline specific software applications that access the proprietary 
(DGN) file format. This format is utilized by the MCDOT road design teams to provide project deliverables that meet established MCDOT CADD standards. The Bentley 
EPS365 subscription allows managed access to the Bentley software applications by approximately 70 MCDOT CAD/CADD users. Applications include: MicroStation, 
Power InRoads, LEAP Bridge Concrete, OpenRoads Designer, Storm CAD, Civil Storm, OpenFlows PondPack, Open Bridge Designer, Culvert Master, Flow Master, 
OpenCities Map, Context Capture, OpenRoads, ConceptStation, Lumen RT and SignCAD. Also included is unlimited access to the Bentley Learn Application to provide the 
most up-to-date training on new update releases, all utilized programs, and introductory training for newly hired employees. 
Web Links: 
https://www.bentley.com/en-US/Solutions 
https://www.maricopa.gov/3580/CADD-Standards 
COMPETITION IMPRACTICABLE CATEGORY (Check applicable box, attach documentation or provide explanation below.)
Maricopa County Procurement Code MC1-351 states: “Competition Impracticable” means an acquisition where, competition is impractical 
because of standardization, warranty, or other factors as approved by the Board of Supervisors. 
NOTE: The following are unlikely to be sufficient Competition Impracticable justifications: 
• Personal or department preference for a product or vendor 
• Department perception that the vendor is the best qualified (this should be determined through a competitive process)
• Lack of department planning resulting in limited time to conduct a competitive procurement 
• Special incentive or deal offered (can be assessed in open and competitive solicitation)
• Department convenience 
Grant specified (supporting documents attached) 
Mailing lists, subscriptions or media advertising 
Warranty voided if service provided by other contract vendor 
✔Other (Provide written explanation below)
✔Software license renewals, additions, or upgrades available
from only one source
Brand compatibility available from only one source (no other
distributors)
Other proprietary situation

Docusign Envelope ID: 47D037E3-04F9-4B84-B04E-FB833A3B7365 
SEARCH 
A search was conducted consisting of: (check all that apply) 
Market research 
Public notice given, list 
Other vendors contacted 
✔ Other 
RESULTS 
✔ no alternatives were identified 
no alternatives were deemed acceptable 
because (explain below): 
Describe the search from above in detail: 
Bentley's MicroStation/OpenRoads software applications are integrated for engineering collaboration without requiring translations 
between disciplines. This suite of applications has been used by MCDOT engineers to produce Roadway, Bridge, Mapping, Traffic 
and general CAD designs throughout the MCDOT CAD community for several years. If a different software was implemented at this 
time the cost for the software would be close to the pricing proposal, without the additional software we utilize, but there would be 
substantial added costs to convert files, create new software workspaces and standards, complete re-training of all personnel with 
time added to learn to use. Old projects opened up with the new software would likely not be possible because of the lack of 
compatibility in older versions, in which case we would need to retain the Bentley software for these instances. The conversion of the 
files would also likely require additional personnel to complete this task so that current work would not be affected. This could take 
many years to complete, but only after new standards are developed and implemented to all consultants. All consultants are currently 
using Bentley software to provide the deliverables to MCDOT, so contracts would also have to be amended to pay them for the 
conversion as well which will push all deadlines back possibly years. Additional software would also have to be purchased to integrate 
all the departments such as structures (bridges, drainage), traffic and survey in order to include their work into the design. All 
MCDOT customized productivity tools would not exist in the new software and would need to be developed from the ground up. 
PRICE 
MC1-352-B states: The Using Agency requesting a Competition Impracticable Procurement shall provide written evidence 
to support a Competition Impracticable determination containing an explanation of why the proposed procurement 
process is advantageous to the County; and the scope, duration, and estimated total dollar value of the procurement. 
Price has been fairly and reasonably established by: 
Comparison to previous comparable purchases 
from a different vendor 
Independent estimate 
Comparison to public sector contract pricing 
Discount off published catalog pricing 
Market survey 
✔ Other, explain: 
Describe methodology and results (attach any written supporting data, e.g., survey or market analysis): 
The applications provided by Bentley Systems, Inc. are only available for purchase with Bentley Systems, Inc. All upgrades, improvements, enhancements and Bentley LEARN 
educational materials are provided directly by Bentley Systems to MCDOT. The licensing agreement renewal is provided directly with Bentley Systems and cannot be provided by 
a secondary or alternate vendor. Some advantages include local seminars, users groups and training programs provided under the agreement. The year one fee was determined 
based on a 5% increase from the FY25 fee. The 5% increase was less than the 10% annual increase MCDOT has paid for the past 3 years. Also the year-to-year increase was 
lowered from the 10% annual increase in the previous contract to 8% for years 2 through 5. 
Fees by fiscal year: 
Year 1 Fee total is estimated to be $192,335 + tax $18,464.16 = $210,799.16 
Year 2 Fee total is estimated to be $207,722 + tax $19,941.31 = $227,663.31 
Year 3 Fee total is estimated to be $224,339 + tax $21,536.54 = $245,875.54 
Year 4 Fee total is estimated to be $242,286 + tax $23,259.46 = $265,545.46 
Year 5 Fee total is estimated to be $261,669 + tax $25,120.22 = $286,789.22 
Total 5-year contract amount = $1,128,351.00 + estimated tax $108,321.69 = $ 1,236,672.69 
The EPS365 Agreement is a 5 year contract renewed annually through June 30, 2030. 
THIS IS A COMPETITIONIMPRACTICABLEPROCUREMENTBECAUSE(attach additional page if needed): 
MCDOT has used this software platform for a number of years and is an industry standard for DOT agencies nationally. Currently ADOT, Maricopa 
County DOT, Maricopa County Flood Control, Maricopa County Sheriff's Department, Maricopa Association of Governments, Arizona Electric Power 
Cooperative, Arizona State, University of Arizona, and Arizona Water Co, utilize this Bentley software for their Civil Engineering. All MCDOT standards 
have been developed based on the use of this software. These standards are tightly integrated within all of the applications provided under this licensing 
agreement. Bentley Systems, Incorporated is the only supplier and provider of this software. Due to the fact that the software contract (EPS365) we are 
currently using with specific software tailored to MCDOT use, going on a joint contract would cause a large additional expense to purchase the individual 
licenses for the specific software that is not included. As Bentley does not issue usage that can be shared between jurisdictions and is a single source 
supplier of this Civil software, there is not an option to bid out for a competitive solicitation or join a cooperative contract. With the EPS365 agreement, 
MCDOT is issued unlimited access to all Bentley Learn training materials for all users that drastically reduces new hire training time and costs. 
In addition to the cost of a new software, the cost implications are hard to fully estimate. The Transportation Improvement Program that has an 
approximate $465 Million dollar budget over five years would be significantly impacted from the delays incurred by not procuring the Bentley Software. 
Existing Intergovernmental Agreements with partner agencies would be impacted as well as federally funded projects that are currently in design. Not 
being able to meet the current schedules of these federally funded projects could result in the loss of approximately $90 million dollars.

Docusign Envelope ID: 47D037E3-04F9-4B84-B04E-FB833A3B7365 
Signature 
CERTIFICATIONS
I certify: 
1) I recognize that the Maricopa County Procurement Code requires the use of competitive solicitations unless
exempted by law. I have reviewed the information and materials relevant to this procurement of goods and services,
and am requesting approval of an exception to the competitive process for the reasons described;
2) the price to be paid to the proposed vendor is fair, reasonable, and provides the best value to Maricopa County; and 
3) this request for an exception to the competitive solicitation process is not the result of inadequate advance planning
or for purposes of securing the services of a preferred vendor.
Department Head or Department Head Delegate Signature (Required) 
Jesse Gutierrez 
2/11/2025 
Printed Name 
Date 
Office of Procurement Services 
The CPO can approve procurements up to $100,000. If this request is over $100,000 it must be submitted as 
an agenda item to the Board of Supervisors for consideration. 
Approved/Recommended for Approval 
Printed Name 
Signature 
Date 
Office of Enterprise Technology (If this procurement is classified as a technology procurement it must be 
forwarded to ITC for coordination and/or approval. If this procurement request is not approved by ITC, the form will be 
returned to the requestor.) 
Approved. Recommended purchase is in line with Maricopa County's strategic technology plan or currently installed 
✔ equipment or service, and is considered to be a competition impracticable procurement. 
Not Approved. 
Reasoning: 
Dan Johnson 
2/11/2025 
Printed Name 
Signature 
Date 
Email 
Save 
X
Kevin Tyne, Dir., OPS 
 
 
 
 
 
 
    February 12, 2025