JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION USMMA Water Utility redacted1_Redacted.pdf

U.S. Department of 1200 New Jersey Avenue, S.E.

Transportation Washington, DC 20590 Office of the Secretary of Transportation

JUSTIFICATION FOR OTHER THAN FULL AND OPEN COMPETITION (JOFOC)

REFERENCE: Water Utility service-USMMA

1. Identification of the agency and contracting activity.

U.S. Department of Transportation, United States Merchant Marine Academy (USMMA)

2. Nature and/or description of the action being approved.

The United States Merchant Marine Academy (USMMA) proposes to enter a contract on a basis of other than full and open competition for provision of public water utility services required to support campus-wide water supply requirements at USMMA, Kings Point, NY.

3. Description of the supplies or services required to meet the agency’s needs, including the estimated value.

48 CFR § 41.205 requires USMMA to provide public water utility services to support all facilities, infrastructure, housing, administrative buildings, training facilities, and mission-support operations at USMMA in Kings Point, New York.

A Firm Fixed Price contract Purchase Order (PO) 693JF722P000027 was awarded in 2022 to Water Authority of Great Neck North, Inc to provide water Utility Service to supply water to the USMMA campus and quarters including continuous water supply delivery, water line, distribution, metering, and related regulated utility services necessary for uninterrupted campus operations. The current PO Period of Performance is set to expire on 31 March 2026.

The new proposed follow-on Firm Fixed Price contract needed continued support for one year base with four one-year options from 1 April 2026 through 31 March 2031 at a total price of

Reliable water service is mission essential to support training, maintain sanitary conditions, Fire protection systems, heating and cooling infrastructure, food services operations, facility operations, and residential occupancy requirements at USMMA.

4. Identification of the statutory authority permitting other than full and open competition.

41 U.S.C. § 3304(a)(1) and Revolutionary FAR Overhaul (RFO) FAR 6.103-1(b), Only one responsible source and no other supplies or services will satisfy agency requirements, permits MARAD to use other than competitive procedures for this activity

5. Demonstration that the unique qualifications of the proposed contractor or nature of the acquisition require using the authority cited.

The Water Authority of Great Neck North is the only water utility provider capable of supplying potable water service to the United States Merchant Marine Academy (USMMA) located in Kings Point, New York. The Water Authority of Great Neck North owns, operates, and maintains the water supply and distribution infrastructure that serves the USMMA campus, including water mains, service connections, valves, and metering equipment.

Because the Authority maintains exclusive ownership and operational control of the infrastructure serving the Academy, no other contractor can provide this service.

The Water Authority of Great Neck North Inc’s performance to date has been Satisfactory;

all contracts and purchase orders have been captured in the Contract Performance Assessment Rating System (CPARS). All CPARS ratings have been Satisfactory or above.

DOT/USMMA’s requirement is uniquely suited to the Water Authority of Great Neck North, Inc. The contractor has proven successful performance on the previous contract DTMA91C20120002L and the current PO 693JF722P000027.

In accordance with FAR 6.103-1(b), full and open competition need not be provided when services can only be provided by a single source due to unique capabilities. The Water Authority of Great Neck North is a regulated municipal water authority with an exclusive service territory that includes the USMMA installation. No other utility provider has the legal authority or infrastructure required to supply potable water within this designated service area.

Award of this follow-on contract to the incumbent ensures there is no disruption to the mission-essential reliable water utility service for USMMA operation. The Academy supports approximately 1250 Midshipmen, faculty, and staff, and requires uninterrupted potable water service for domestic use, sanitation, fire protection systems, food service operations, and facility maintenance. Furthermore, consistent with FAR 6.103-1(b), award to another source would result in substantial duplication of cost to the Government that is not expected to be recovered through competition. Establishing an alternate water source would require extensive engineering studies, environmental approvals, construction of new water transmission infrastructure, acquisition of rights-of-way, and regulatory coordination with state and local agencies. These actions would require significant time and financial investment and would introduce unacceptable delays in providing essential utility services.

6. Description of efforts to ensure offers were solicited from as many potential sources as practicable, including whether a notice will be publicized and, if not, which exception applies.

In accordance with RFO FAR 6.301(b), “Availability of the justification,” this justification shall be publicly available within 14 days after processing the contract action.

7. Determination by the CO that the anticipated cost to the government will be fair and reasonable.

Based on the prior historical information and published rates publicly available, the CO will determine that the anticipated price(s) will be fair and reasonable prior to award of this follow-on contract.

8. Description of the market research conducted and results, or a statement of the reason market research was not conducted.

Market research was conducted through a review of municipal water authority records, service territory maps, local franchise authorizations, existing campus water utility infrastructure, and historical service provider data, responses of Contracting Officer of GSA’s areawide Utility contract and posted Sources Sought in SAM.gov on January 30, 2026. All market research confirmed that the Water Authority of Great Neck North is the only regulated water utility provider authorized and technically capable of supplying potable water distribution services to USMMA.

The market research verified that the USMMA campus is physically connected to the water distribution infrastructure owned and operated by the Water Authority of Great Neck North.

The Authority maintains exclusive responsibility for the transmission, treatment, distribution, and metering of potable water within its designated service area.

No competitive water distribution alternatives exist due to the Authority’s exclusive service territory, regulatory status as a municipal water provider, and ownership of the infrastructure required to deliver potable water to the Academy. No other responsible sources were identified that could meet the Government’s requirements without substantial duplication of cost or unacceptable delays.

9. Any other facts supporting use of other than full and open competition.

Water utility services are location-dependent and infrastructure-based. The water distribution system serving the USMMA is owned, operated, and controlled by the Water Authority of Great Neck North, the franchised municipal water utility provider for the Kings Point, New York service area. Water distribution infrastructure is fixed and not interchangeable between providers, and no alternative sources are physically connected to the USMMA campus water system.

Transition to another water provider would require construction of new water transmission mains, acquisition of property easements, environmental and regulatory approvals, engineering design, and significant capital investment. Such an effort would be cost-prohibitive and would result in unacceptable delays in providing essential utility services to the Academy.

Any interruption or delay in water service would negatively impact mission operations, health and safety requirements, fire protection systems, training activities, food service operations, and residential functions at USMMA. Reliable potable water service is required to support daily operations and maintain sanitary conditions for approximately 600–800 Midshipmen, faculty, and staff residing and working on campus throughout the year.

These facts further support the use of Other Than Full and Open Competition pursuant to FAR 6.103-1(b) and 41 U.S.C. § 3304(a)(1), as only one responsible source is capable of meeting the Government’s requirement.

10. Listing of any sources that expressed a written interest in the acquisition.

None. No other sources are authorized to provide potable water distribution service within the USMMA service territory.

11. Statement of any actions the agency may take to remove or overcome any barriers to competition before any subsequent acquisition for the services/supplies.

N/A

Activity advocate for competition:

FAR Overhaul 6.104-2, justifications from $900,000, but not exceeding $20 million, the advocate for competition for the procuring authority must approve the justification. This authority is not delegable. The Advocate for Competition's signature represents certification that the justification is accurate and complete to the best of her knowledge and belief. The cost to the government is hereby determined to be fair and reasonable.

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. This review serves as approval.