Sole Source justification Sewage and wastewater for USMMA_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: Sewage Utility service-USMMA

1. Identification of the agency and contracting activity.

U.S. Department of Transportation, United States Merchant Marine Academy (USMMA) 1200 New Jersey Ave, SE Washington, DC 20590.

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 sewage and wastewater utility services required to support campus-wide sewage requirements at USMMA, Kings Point, NY.

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

Reliable sewage service is mission essential to support sanitary sewage disposal, facility operations infrastructure protection, laboratory operations, environmental compliance health and sanitation requirements for campus occupants at USMMA.

In accordance with Clean Water Act and 33 U.S.C. §1345 (Disposal or Use of Sewage Sludge), as implemented by the Environmental Protection Agency regulations contained in 40 CFR Part 503 (Standards for the Use or Disposal of Sewage Sludge)requires USMMA to provide reliable sewage and wastewater utility services to support essential campus operations including sanitation systems, residential housing, dining facilities, laboratories, and other operational infrastructure. Wastewater collection and treatment services are critical to maintaining public health, environmental protection, and campus operations.

A Firm Fixed Price Contract DTMA91U1500003L was awarded for 10 years to Town of North Hempstead, doing business as Great Neck Water Pollution Control District which expired on March 31, 2025. A short term (bridge) contract 693JF725M000001 was awarded in 2025 to the incumbent Great Neck Water Pollution Control District to provide Sewage Utility Service to the USMMA campus and quarters include continuous wastewater collection, conveyance, treatment, metering and related regulated utility services necessary for uninterrupted campus operations. The current Period of Performance is set to expire on 31 March 2026.

The new proposed follow-on Firm Fixed Price contract needed continued support for three-year base with seven one-year options from 1 April 2026 through 31 March 2036 at a total price of

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 Great Neck Water Pollution Control District (GNW) is the only sewage utility provider capable of supplying regulated sewage and wastewater utility services including collection, conveyance, treatment, monitoring, and disposal of wastewater generated by the USMMA campus at Kings Point, New York, in accordance with applicable tariffs, regulatory requirements, and environmental standards. GNW owns, operates, and maintains wastewater, treatment and service connections for infrastructure that serves the USMMA campus, including sewer mains, pumping stations service connections, valves and access points, wastewater conveyance systems and metering equipment.

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

GNW 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 GNW. The contractor has proven successful performance on the previous contract DTMA91U1500003 (10-year) which expired on March 31, 2025. Performance is so far satisfactory on the current contract 693JF725M000001 which will expire on March 31, 2026.

In accordance with RFO 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. GNW is the sewage and wastewater authority with an exclusive service territory that includes the USMMA installation. No other utility provider has the legal authority or infrastructure required to provide Sewage and wastewater utility service 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 sewage and wastewater utility services source would require extensive engineering studies, environmental approvals, construction of new sewage and wastewater 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 sewage authority records, service territory maps, local franchise authorizations, existing campus sewage 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 Great Neck Water Pollution Control District is the only regulated sewage utility provider authorized and technically capable of providing sewage collection and treatment services to the United States Merchant Marine Academy (USMMA) located in Kings Point, New York.

The market research verified that the USMMA campus is physically connected to the sewage and wastewater utility services distribution infrastructure owned and operated by the Town of North Hempstead, the Great Neck Water Pollution Control. The Authority maintains utility services including collection, conveyance, treatment, monitoring, and disposal of wastewater generated by the USMMA campus.

No competitive sewage and wastewater utility alternatives exist due to the Authority’s exclusive service territory, regulatory status as a municipal sewage and wastewater provider, and ownership of the infrastructure required to provide sewage and wastewater utility services 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.

Sewage and wastewater utility services are location-dependent and infrastructure-based. This distribution system serving the USMMA is owned, operated, and controlled by GNW, the franchised municipal sewage utility provider for the USMMA service area. Sewage distribution infrastructure is fixed and not interchangeable between providers, and no alternative sources are physically connected to the USMMA campus sewage system.

Transition to another sewage provider would require construction of new sewage 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 USMMA.

Any interruption or delay in sewage and wastewater service would negatively impact mission operations, health and safety requirements, training activities, food service operations, and residential functions at USMMA.

These facts further support the use of Other Than Full and Open Competition pursuant to RFO 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 sewage and wastewater 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

Certifications

Acquisition initiator:

I certify that the facts and representations under my cognizance, which are included in this justification and form a basis for this justification, are complete and accurate.

Reviews and Approvals

Program senior official (or designee):

I certify that the facts and representations under my cognizance, which are included in this justification and form a basis for this justification, are complete and accurate.

ge and belief.

Maritime Administration Advocate for Competition:

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge