OFOC Rutgers RNA sequencing 36C24E-25-AP-0306 Page 2 of 4

4. Statutory Authority Permitting Other than Full and Open Competition:

( ) (1) Only One Responsible Source and No Other Supplies or Services Will Satisfy Agency Requirements per 41 USC §3304(a)(1) as implemented by FAR 6.302-1;

( ) (2) Unusual and Compelling Urgency per 41 USC §3304(a)(2) as implemented by FAR 6.302-2;

( ) (3) Industrial Mobilization, Engineering, Developmental or Research Capability or Expert Services per 41 USC §3304(a)(3) as implemented by FAR 6.302-3;

( ) (4) International Agreement per 41 USC §3304(a)(4) as implemented by FAR 6.302-4 ( X ) (5) Authorized or Required by Statute per 41 USC §3304(a)(5) as implemented by FAR 6.302-5;

( ) (6) National Security per 41 USC §3304(a)(6) as implemented by FAR 6.302-6;

( ) (7) Public Interest per 41 USC §3304(a)(7) as implemented by FAR 6.302-7;

5. Demonstration that the Contractor’s Unique Qualifications or Nature of the Acquisition Requires the Use of the Authority Cited Above (applicability of authority):

Rutgers University is an academic affiliate and collaborative research partner of the VA NJHCS. 38 U.S.C 8153 authorizes sole source awards related to research with VA academic affiliates.

6. Description of Efforts Made to ensure that offers are solicited from as many potential sources as deemed practicable:

Due to the affiliate agreement with the proposed educational institution and the need for stainable long term research support, solicitation among multiple sources is not available at this time. FAR 6.302(a)(2)(i) states, Full and open competition need not be provided when a statue expressly authorizes or requires that the acquisition be made through another agency or from a specified source. In accordance with 38 U.S.C. 8153 (a)(3)(A):

“If the healthcare resource required is a commercial service, the use of medical equipment or space, or research, and is to be acquired from an institution affiliated with the Department in accordance with section 7302 of this title, including medical practice groups and other entities associated with affiliated institutions, blood banks, organ banks, or research centers, the Secretary may make arrangements for acquisition of the resource without regard to any law or regulation (including any Executive order, circular, or other administrative policy that would otherwise require the use of competitive procedure for acquiring the resource."

Should the requirements change, the potential to solicit to other vendors will be researched and considered.

7. Determination by the CO that the Anticipated Cost to the Government will be Fair and Reasonable:

Pricing on previous contracts (36C24E24P0148) was determined fair and reasonable. Rutgers University is affiliated with the VA NJHCS. It is anticipated that cost to the government for this contract will also be fair and reasonable as the University is a non-profit academic institution and academic affiliate of the VA NJHCS. Once the proposal is received, the proposed prices will be subject to price analysis and negotiations may be conducted if the Contracting Officer determines this is necessary.

8. Description of the Market Research Conducted and the Results, or a Statement of the Reasons

Market Research Was Not Conducted:

Market Research was conducted. Due to the nature of the affiliate agreement with Rutgers University and the VA NJHCS, Rutgers University is the only source that can provide the required services.

9. Any Other Facts Supporting the Use of Other than Full and Open Competition:

None