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The Bureau of Reclamation is awarding a contract to the Regents of the University of Colorado. It is necessary to contract for Riverware technical support services dur to...[t]he existence of limited rights in data" rendering the support services to be available only from CADSWES. The Bureau of Reclamation has been granted royalty and license-free unlimited rights to use the software. However, it does not have the unlimited right to use the source code for Riverware to compete the aforementioned requirements. No other potential offeror has an equivalent product or the capabilities to develop a backward-compatible replacement software product within an acceptable timeframe at a reasonable cost. In addition, no other firm has the expertise, skills, knowledge, and access to the proprietary Riverware source code required to ensure performance of Reclamation's software enhancement and technical support requirements.

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