KeyWest.ISWM.JA.Approved.pdf

DEPARTMENT OF THE NAVY

NAVAL FACILITIES ENGINEERING SYSTEMS COMMAND SOUTHEAST

JACKSONVILLE, FL 32212-0030

J&A Number: N69450-25-0488

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 2025 through 30 September 2030. This performance period includes a one-year base period and four one-year option periods. The estimated dollar values for the proposed period of performance are provided below:

Period of Performance Recurring Non-Recurring Total Base Period 1 Oct 2025 – 30 Sep 2026 $ 2,580,153.58 $ 87,396.82 $ 2,667,550.40

Option Period 1 1 Oct 2026 – 30 Sep 2027 $ 2,657,558.19 $ 90,018.72 $ 2,747,576.91 Option Period 2 1 Oct 2027 – 30 Sep 2028 $ 2,737,284.94 $ 92,719.28 $ 2,830,004.22 Option Period 3 1 Oct 2028 – 30 Sep 2029 $ 2,819,403.49 $ 95,500.86 $ 2,914,904.35 Option Period 4 1 Oct 2029 – 30 Sep 2030 $ 2,903,985.59 $ 98,365.86 $ 3,002,351.45

Total $ 13,698,388.79 $ 464,001.54 $ 14,162,390.33

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)(1), Only one responsible source and no other supplies or services will satisfy agency requirements, as implemented by FAR 6.302-1.

5. Rationale Justifying Use of Cited Statutory Authority. Waste Management (WM) is the only source available to perform the required integrated solid waste management (ISWM) service aboard NAS Key West. WM has an exclusive contract with the City of Key West for residential and commercial waste collection services. The long-term acquisition plan for this requirement is for Commander, Navy Region Southeast (CNRSE) to enter into an Intergovernmental Support Agreement (IGSA) with the City of Key West (CKW). However, personnel shortfalls in CKW have delayed negotiations and execution of the IGSA. WM is the incumbent service provider of ISWM at NAS Key West under a one-year contract and was also the service provider as a subcontractor to the base operating service contractor in prior years. Negotiating a sole-source contract with WM for a year and 4 option periods will allow time for CNRSE to negotiate and execute an IGSA with CKW.

Based on market research, it has been determined that WM is the only source available to provide the required ISWM services. WM possesses the manpower, equipment, key personnel, employee badges, security clearances, and all other resources needed and required to continue performance without a lapse in service. It is critical to the military mission of NAS Key West to avoid a lapse in ISWM services. All required ISWM services to be performed under the authority requested by this J&A are critical requirements which the installation needs to preserve its operational capability in furtherance of the national defense. A gap in these services would result in serious injury to the Government. The risk to human health resulting from the overflow of waste at NAS Key West would be an unacceptable threat to human life and safety plus an unnecessary adverse impact to the mission. WM is the only source that can meet the urgent delivery schedule without any service interruption. Failure to negotiate and award a follow-on contract to WM as authorized under this J&A would result in unacceptable delays.

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. A Sources Sought notice was issued on 20 June 2025 to identify potential sources which possess relevant qualifications, experience, personnel, security approvals, equipment, and capability to perform the subject requirement. Seven firms responded to the notice, expressing their interest in the subject requirement; however, only two demonstrated the capabilities to perform relevant ISWM services.

However, while this market research was being conducted, the Contracting Officer was notified and received documentation that Waste Management has exclusive rights to collect solid waste from Commercial Customers within the City limits, for delivery to the City Transfer Station. Through this market research, it was determined that it is not practicable to award to any company other than Waste Management.

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. These ISWM Services are being awarded for a one-year base period and four one-year option periods. The Government will continue to pursue an IGSA if it is in the best interest of the Government and also take all reasonable measures to perform new market research during acquisition planning for follow-on services to determine if competition is available. There are currently no further actions required to remove barriers to future competition.

J&A No. N69450-25-0488

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:

___________________________________ (305) 293-2913 7/24/2025 Valerie Strom Phone No. Date Deputy Public Works Officer Naval Facilities Engineering System Command Southeast

LEGAL SUFFICIENCY REVIEW

I have determined this Justification is legally sufficient.

____________________________________ (904) 542-6650 __________ Edna M. Tejeda-Oyola Phone No. Date Associate Counsel Naval Facilities Engineering System Command Southeast

CONTRACTING OFFICER CERTIFICATION

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

____________________________________ (904)-502-4575 ___________ Rebecca Jones Phone No. Date Contracting Officer Naval Facilities Engineering System Command Southeast

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)(1), Only one responsible source.

___________________________________ (904) 542-6633 __________ Miguel Dieguez Phone No. Date CAPT, CEC, U.S. Navy Commanding Officer Naval Facilities Engineering Systems Command Southeast

STROM.VALERIE.

L.1068738454

Digitally signed by

STROM.VALERIE.L.1068738454

Date: 2025.07.24 17:20:59 -04'00'

TEJEDA-OYOLA.EDNA.MARIELLE.1619431460 Digitally signed by TEJEDA-OYOLA.EDNA.MARIELLE.1619431460 Date: 2025.07.24 18:31:40 -04'00'