Justification and Approval (JA) for Bulk water supply_Orca Water_19Z11523D0002.pdf

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION

SECTION 1: IDENTIFICATION OF THE AGENCY AND THE CONTRACTING ACTIVITY

Department of State Contracting Activity

☒ Overseas Post: Harare, Zimbabwe

Requiring Activity Facilities Management Section

SECTION 2: NATURE AND/OR DESCRIPTION OF THE ACTION BEING APPROVED

The Embassy is issuing a sole source modification under contract #19Z11523D0002 to Mayfort Milling t/a Orca Water to increase the scope of the requirements for bulk water supply as outlined herein.

The current contract with Orca Water is being modified to increase the estimated Not-to-Exceed quantities for the contract by 23,059,400 liters resulting in a total estimated increase in price of $323,608.01. Therefore, the total contract ceiling will increase from $1,724,503.50 to $2,048,111.51.

SECTION 3: DESCRIPTION OF SUPPLIES/SERVICES REQUIRED TO MEET THE AGENCY’S NEEDS

The requirement is for an increase to the current supply and delivery of potable bulk water to U.S. Embassy Harare official residences as currently provided under contract #19Z11523D0002

Background

Harare, Zimbabwe is facing severe water shortages due to aging city water infrastructure, contamination of water sources, and increasing demand from a significant rise in the number of new households. This crisis has led to residences experiencing weeks, and in some cases months, without tap water. Consequently, our market survey has found that while numerous water delivery companies are available, many are not registered, provide water from contaminated sources and use unacceptable vehicles for delivery. Currently, ORCA is the only known source of usable, potable water that can meet our immediate needs resulting from an unanticipated and unprecedented water crisis.

Given this background, the Contracting Officer intends to modify the current bulk water contract with Orca

Water to increase both the quantities and the overall contract ceiling. This adjustment is necessitated by the heightened demand for commercial water supply to Embassy residences, as detailed in the preceding paragraph. This Justification and Approval (JA) document outlines the reasons and the immediate need for these contract modifications with the current bulk water supplier (Orca Water) for Mission Harare.

New Action Plan

The current contract with Orca Water is due for renewal on February 20, 2025, exercising option year two.

Due to the El Nino-induced drought, water consumption at the U.S. mission residences significantly increased in option year one because most boreholes dried up. Based on collected data, rainfall patterns, and the possibility of most residential boreholes running dry, we anticipate that consumption in option year two will increase to approximately 60,000,000 liters. Given that the projected usage was half this quantity per year, the amount in option year two shall be increased by $323,608.01 to match the current consumption.

SECTION 4: IDENTIFICATION OF THE STATUTORY AUTHORITY PERMITTING OTHER THAN

FULL AND OPEN COMPETITION

This acquisition is conducted under the authority of 41 USC 3304, as implemented by FAR 6.3 and substantiated by the following:

☒ FAR 6.302-1 – Only one responsible source and no other supplies or services will satisfy agency requirements.

SECTION 5: DEMONSTRATION THAT THE PROPOSED CONTRACTOR’S UNIQUE

QUALIFICATIONS OR THE NATURE OF THE ACQUISITION REQUIRES USE OF THE AUTHORITY

CITED

Orca Water is uniquely qualified to continue providing the services based upon the following facts:

In light of the existing contractual relationship between Orca Water and the Embassy, it is the Embassy's intention to pursue a sole-source procurement for this action. This approach will ensure both conformity and the uninterrupted supply of potable water, which is critical to the Embassy's operations. It is in the best interest of the United States Government to continue this partnership with Orca Water, as the provision of clean, potable water is an essential human need and right. Any delay in issuing the necessary contract modification could result in catastrophic outcomes, including severe health risks to mission staff stationed in Zimbabwe.

Furthermore, as this procurement represents a continuation of services, Orca Water is uniquely positioned to meet our requirements. Their equipment is already customized to our specifications, their personnel have undergone and passed the requisite security clearances, and their water supply has been rigorously lab-tested, consistently meeting all medical standards. Given these factors, the sole-source procurement with Orca Water is not only justified but imperative to maintain the health and safety of our mission staff.

Among these, Orca Water stands out as one of the most reliable bulk water suppliers. They source their water from uncontaminated sources, as evidenced by authentic lab results provided to the Embassy quarterly. Their dedicated water source for the British and U.S. embassies mitigates the risk of depletion, ensuring a continuous water supply even during the driest periods.

SECTION 6. DESCRIPTION OF EFFORTS TO ENSURE THAT OFFERS WERE SOLICITED FROM AS

MANY POTENTIAL SOURCES AS IS PRACTICABLE, INCLUDING WHETHER A NOTICE WAS OR

WILL BE PUBLICIZED AS REQUIRED BY FAR SUBPART 5.2 AND, IF NOT, WHICH EXCEPTION

UNDER FAR 5.202 APPLIES

The Embassy posted the Notice of Intent to Sole Source on February 06, 2025 for a minimum of 15 days, as required under FAR 5.2 and received no responses from potential vendors.

SECTION 7. DETERMINATION BY THE CONTRACTING OFFICER THAT THE ANTICIPATED COST

TO THE GOVERNMENT IS FAIR AND REASONABLE

The Contracting Officer has determined the anticipated $323,608 increase will be fair and reasonable since the price per liter for each period will not change. Based on this estimate and by signing the justification, the Contracting Officer has determined the anticipated price to the Government to be fair and reasonable.

SECTION 8. DESCRIPTION OF THE MARKET RESEARCH CONDUCTED (SEE PART 10) AND THE

RESULTS OR A STATEMENT OF THE REASON MARKET RESEARCH WAS NOT CONDUCTED

An informal market survey was conducted, given the current water crisis that resulted in our findings as presented under Section 1 of this document entitled “Background”. Given the urgency and circumstances described herein related to the health of our employees and operations of the Embassy, the Government finds it necessary to move forward with this current increase in scope to meet Mission critical requirements and allow time for a more formal market survey to be conducted before issuing the new, competitive effort.

SECTION 9. ANY OTHER FACTS SUPPORTING THE USE OF OTHER THAN FULL AND OPEN

COMPETITION

This action constitutes a modification to an existing contract, specifically to increase the quantities of potable water to align with current demand.

The existing contractual relationship with Orca Water allows for a seamless continuation of services, thereby mitigating any potential risks associated with water supply disruptions.

SECTION 10. LISTING OF THE SOURCES, IF ANY, THAT EXPRESSED, IN WRITING, AN INTEREST

IN THE ACQUISITION

As cited herein, a Notice of Intent was posted on 6 February 2025, and no vendors expressed interest in this acquisition.

SECTION 11. STATEMENT OF THE ACTIONS, IF ANY, THE AGENCY MAY TAKE TO REMOVE OR

OVERCOME ANY BARRIERS TO COMPETITION BEFORE ANY SUBSEQUENT ACQUISITION FOR

THE SUPPLIES OR SERVICES REQUIRED

The Embassy is preparing to issue a new competitive solicitation and award. This forthcoming solicitation will incorporate revised quantity requirements that reflect both current and anticipated future demands. This approach ensures the procurement process remains transparent and competitive, while also addressing the evolving needs of the mission due to the changes in water supply availability in Zimbabwe. As stated herein, the current increase in scope allows the Embassy to fulfill these Mission critical requirements unabated while the solicitation process and award of the new contract are being executed.

SECTION 12. CERTIFICATIONS

All reviews and approvals should be completed in the order listed unless otherwise authorized or required.

TECHNICAL AND REQUIREMENTS CERTIFICATION (FAR 6.303-2(b))

I certify that the facts and representations under my cognizance which are included in this Justification and its supporting acquisition planning documents, except as noted herein, are complete and accurate to the best of my knowledge and belief.

Technical Cognizance:

SIGNATURE:

Name: Bamus Chiekedza Date: 12/3/2025 Title : Housing Maintenance Supervisor

Requirements Cognizance:

Name: Sarah Pierce Date: 12/3/2025 Title: Facility Manager

CERTIFICATIONS

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(a)(12)) I certify that this submission is accurate to the best of my knowledge, and that it contains complete information necessary to enable other officials to make an informed recommendation for approval or disapproval.

Name: Damian Richard Date: 12/2/2025 Title: Contracting Officer

12/03/25