Key West ISWM JA_Redacted.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHEAST

JACKSONVILLE, FL 32212-0030

J&A Number: N69450-24-0450

JUSTIFICATION AND APPROVAL

FOR USE OF OTHER THAN FULL AND OPEN COMPETITION

1. Contracting Activity. The contracting activity is the Naval Facilities Engineering Systems Command Southeast (NAVFAC SE).

2. Description of the Action Being Approved. The action being approved under this Justification and Approval (J&A) is a sole source facilities support indefinite quantity contract for Integrated Solid Waste Management (ISWM) Services at Naval Air Station (NAS) Key West, FL and outlying areas supported by this command. The contractor is Waste Management, 143 Toppino Industrial Dr.

Key West, FL 33040.

3. Description of Supplies/Services. The services to be performed include labor, operations, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary for the following sub-annexes at NAS Key West, FL and outlying areas supported by this command: 1503030 ISWM.

The period of performance for this action is 1 October 2024 through 30 September 2025. This performance period includes a six-month base period and one six-month option period. The estimated dollar values for the proposed period of performance are provided below:

Period of Performance Recurring Non-Recurring Total

1 Oct 2024 – 31 Mar 2025 1 Apr 2025 – 30 Sep 2025

Total

The contract is funded by the following types of funds:

- Operations & Maintenance, Navy

- Operations & Maintenance, Army

- Defense Health Program Fund

- Family Housing Operations & Maintenance, Navy

4. Statutory Authority Permitting Other Than Full and Open Competition. This acquisition will be negotiated pursuant to 10 USC 3204(a)(2), Unusual and Compelling Urgency, as implemented by

FAR 6.302-2.

5. Rationale Justifying Use of Cited Statutory Authority. The request for the subject contract action is not a result of lack of advance planning by the requiring activity. There is a competitively awarded current Base Operations Support (BOS) services contract in place to include these ISWM services, in which the current option period expires on 30 September 2024. Acquisition planning to remove the ISWM services and procure them via intergovernmental service agreement (IGSA) was made in October 2023 and the procurement of a replacement BOS contract without ISWM services commenced under solicitation N69450-24-R-0020. Proposals for the BOS services were received on 15 July 2024 and the procurement is on track for a timely award by 31 August 2024, which will allow the successful offeror time to complete a 30-day phase-in period before the planned start date of 1 October 2024. However, this contract does not include ISWM services. The process to award the IGSA with the City of Key West (CoKW) for the ISWM services started in October 2023. The plan was for an agreement to be in place by summer of 2024. On 18 July 2024, the CoKW fired its City Manager, Al Childress, pushing back the expected signature date for the agreement between NAS Key West and CoKW. Based on current projections, the IGSA is anticipated to be completed no later than 2nd quarter of fiscal year 2025. A stand-alone ISWM contract is required to prevent a lapse in services.

It is critical to the overall Navy’s mission that a contract be awarded for these ISWM services until the IGSA has been awarded. All required ISWM services to be performed under the authority requested by this J&A are critical requirements which the Navy needs in order to continue its mission and operationally capability. A gap in these services would result in serious injury to the Government. The risk to human health resulting from overflow of waste at NAS Key West is unacceptable. Waste Management in Monroe County, currently performing these services as a subcontractor for the incumbent BOS contractor, is presently the only known company that provides these services south of the Seven Mile Bridge. They are able to meet the urgent delivery schedule without interruption. Waste Management possesses the manpower, equipment, key personnel, employee badges and security clearances, and all other resources required to continue performance without a lapse in service. Award to any other source would result in unacceptable delays in fulfilling the agency’s critical requirements.

The estimated length of the requirement is between 180 and 365 days, with all contingencies realized. This estimate is based on the IGSA’s delay and its currently projected POA&M dates.

Awarding a stand-alone contract for a period of six months, with the potential for one additional six-month option period of service, will allow for minimization of impact to critical ISWM services until the IGSA can be awarded. The six-month base period allows the time for the IGSA to be put in place. The subject contract will commence on 1 October 2024. The next general election in Monroe County is in November 2024. Since the City Manager is a position appointed by the City Commission; it isn’t anticipated a new City Manager will be appointed until after the election.

Following the selection of the new City Manager, contract negotiations with that individual will take place; and assuming terms can be agreed upon within a reasonable amount of time and start in approximately January 2025, the new City Manager will start the position with a significant backlog of work. The Office of the City Manager is responsible for the complete administrative management and delivery of city services and programs. Therefore, the negotiation and award of this IGSA may not take priority within the Office. The six-month option period is to allow for any additional unforeseen circumstances that may arise during the IGSA process. The estimated delay is unacceptable because it represents a lapse in contractual coverage and mission essential services.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable. Upon approval of this J&A, the proposed action will be synopsized on the Government wide Point of Entry (GPE) as a stand-alone contract on a sole source basis to Waste Management. No additional market research was conducted because it is not practicable, for the reasons discussed in paragraph 5 above, for any company other than Waste Management to provide the required services.

7. Determination of Fair and Reasonable Cost. The Contracting Officer has determined the anticipated cost to the Government for services covered by this J&A will be fair and reasonable. The

Government will use the independent Government estimate, historical data or market data as appropriate to negotiate a fair and reasonable price.

8. Actions to Remove Barriers to Future Competition. The procurement of the IGSA has commenced with anticipated award in 2nd quarter of fiscal year 2025. All affiliated commands, NAVFAC SE, NAS Key West and CNRSE will take all reasonable measures to proceed with the IGSA as expeditiously as possible to prevent any additional sole source contract actions. There are currently no further actions required to remove barriers to future competition.

J&A No. N69450-24-0450

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION

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 and Requirements Cognizance:

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION

I certify that this Justification is accurate and complete to the best of my knowledge and belief.

ECHELON IV COMMANDING OFFICER APPROVAL

Upon the basis of the above justification, I hereby approve, as the Echelon IV Commanding Officer, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 USC 3204(a)(2), Unusual and Compelling Urgency.