Notice of Intent to Single Source to Dataworks Development, Inc.

In compliance with Federal Acquisition Regulations coupled with the provisions set forth by FAR Subpart 5.101(a)(1), this Notice is hereby published to inform of the following: The U.S. Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Office of Management and Budget (OMB) intends to negotiate, on a sole source basis, under authorities provided in the Federal Acquisition Regulations, with Dataworks Development, Inc. 

The requirement is to procure the following: The Office of Law Enforcement requires the Customer Care Program for Freezerworks Sample Management Software for 6 Ascent Standard Users and 25 Lite Users. This support includes:

• Free scheduled maintenance releases 
• Free feature-rich software upgrades 
• Discounts on Freezerworks Training Camps and Users Group Meetings 
• Toll-free (U.S.) Technical support by telephone during regular business hours 
• Access to emergency 24-hour support 
• Technical support by email  
• Remote technical support via Online Meeting 
• Membership in the Freezerworks Users Group 
• Self-guided training program for Freezerworks products

The supporting rationale is that only one source or brand name is reasonably available as detailed below: 

The required services must be compatible in all aspects (form, fit, and function) with existing systems or equipment, and the source is uniquely qualified to meet the requirement. The Marine Forensic Laboratory has used Freezerworks software since 2011 for sample management and inventory control purposes. The Freezerworks Customer Care program is needed to maintain the Forensic Laboratory’s continuity of operations. Currently, the Marine Forensic Laboratory uses Freezerworks 2024 Ascent for management of the archive of forensic reference material and related metadata, as well as the evidence samples and case data. The current database contains over 10 years of case/evidence inventory data and an accumulation of data from over 25,000 samples located in the archive. It is extremely important to be able to track where a sample is located as well as keep a record of the data associated with that sample. The laboratory has also integrated case management into Freezerworks, collapsing two databases into one. Use of a single commercially supported software solution will reduce the time and expense invested in IT infrastructure and avoid repeating the mistakes of the past, where staff repeatedly started from scratch in buying and implementing software that was difficult to use and lacked adequate support. It is also critically important to keep the software up to date with bug fixes, security patches, and upgrades, which are included in the Customer Care Package. Without ongoing support, the software will become increasingly out of compliance with NOAA IT security and the hardware and software infrastructure environment in which Freezerworks runs. The source has one or more of the following: an established exclusive licensing agreement, proprietary data, limited rights in data, patent rights, OEM required certifications or OEM authorized reseller, copyrights or secret processes with regard to the supplies or services required. Dataworks Development, Inc. is the only source that offers customer care for Freezerworks software. This particular brand name is essential to the requirement, and market research indicates similar products do not meet or cannot be modified to meet agency needs. The Marine Forensic Laboratory requires the Customer Care for Freezerworks 2024 Ascent from Dataworks Development, Inc., and this developer of this software is the only vendor that provides the customer care and support of this product.

Business Impact – Switching to a new software system would also require a contract for customer support from the new vendor. Switching to a new software infrastructure would, in fact, incur additional cost to customize the new database to meet the Forensic Laboratory’s unique needs, transfer the data of 25,000 samples already in inventory, transfer casework data and evidence inventory already in the system, and train personnel on a new system.  This would require months of effort and would detrimentally impact the Marine Forensic Laboratory’s mission.

The applicable Size Standard is North American Industry Classification System (NAICS) Code 513210 with a Small business size standard of $47M.

This Sole Source Determination is based on NOAA's requirement that Dataworks Development, Inc. is the only Vendor that meets the requirements.

The period of performance is a one-year base period of performance with four one-year options, periods of performance.

 **THIS NOTICE OF INTENT IS NOT A REQUEST FOR COMPETITIVE PROPOSALS AND NO SOLICITATION PACKAGE IS AVAILABLE. HOWEVER, FIRMS THAT BELIEVE THEY CAN FULLY MEET THE GOVERNMENT'S REQUIREMENTS MAY SUBMIT SUBSTANTIATING DOCUMENTATION IN WRITING TO THE IDENTIFIED POINT OF CONTACT WITHIN 15 DAYS AFTER PUBLICATION OF THIS SYNOPSIS. SUCH DOCUMENTATION WILL BE EVALUATED SOLELY FOR THE PURPOSE OF DETERMINING WHETHER OR NOT TO CONDUCT THIS PROCUREMENT ON A COMPETITIVE BASIS. A DETERMINATION BY THE GOVERNMENT NOT TO CONDUCT A COMPETITIVE PROCUREMENT, BASED UPON RESPONSES TO THIS NOTICE, IS SOLELY WITHIN THE DISCRETION OF THE GOVERNMENT. ORAL COMMUNICATIONS ARE NOT ACCEPTABLE IN RESPONSE TO THIS NOTICE.