A provision of the Competition in Contracting Act (CICA) of 1984, authorizes non competitive contracts to be performed by only one or a limited number of sources via 10 U.S.C. - 2304(c)(1); Federal Acquisition Regulation (FAR) - 6.302-1(a) (2) (iii) (A) and (B). As such, for the purposes described hereunder and in accordance with the Federal Acquisition Regulation (FAR) authority of Subpart 6.302-1, Only one responsible source and no other supplies or services will satisfy agency requirements, coupled with the Authority 10 U.S.C. 2304(c)(1), the Army Corps of Engineers, Chicago District intends to execute, without competition, a bilateral Contract Modification under Contract W912P6-1-D-0004 (sole source, Modification P00017). The incumbent Contractor is JOHN KENO AND COMPANY; the address for this organization is 9608 W. Catalpa Avenue, Suite 808, Chicago, Illinois 60656-1116 with Company Cage Code No. "1FTU3." The resulting modification will implement a new Contract Line Item Numbers (CLINS) with a realistic quantity of 1,370 CY of properly grade sand for Beach Nourishment for the Rosewood Park Beach GLFER project. The provisions of the CLINS will be required to coordinate final beach grades with the permanent boardwalk and miscellaneous structures currently under construction. The resulting modification will increase the sand placed at the Rosewood Park Beach GLFER project site required to supply and properly grade sand in conformance with specification section 31 00 00 for Beach Nourishment as required by the Illinois Department of Natural Resources (IDNR) permit no. LM2014003. The permit requires a surplus volume of 20% over and above the volume indicated in the base contract documents. The distribution of sand per the IDNR permit shall be as follows: 1. Pre-Fill Updrift beach add 1,800 CY 2. North Beach Cell add 1,440 CY 3. Middle Beach Cell add 1,760 CY 4. South beach Cell add 5,800 CY The resulting modification will increase sand placed at the project site required to supply and properly grade sand in conformance with specification section 31 00 00 for Beach Nourishment an additional 1,370 CY beyond the aforementioned IDNR permit required surplus sand. This volume of sand is required to coordinate final beach grades with the permanent boardwalk and miscellaneous structures currently under construction by the Local Sponsor under separate contract. The total amount of additional sand to be placed at the site is 12,170 CY. John Keno and Company, Inc., the incumbent Contractor, possesses an extensive breadth of capabilities with constructing breakwaters and other project features; knowledge and experience with the Rosewood Beach site and associated constraints; and has established a broad communication system for coordination. The original contract was competitively solicited and awarded based upon a "final determination" letter issued by the Illinois Department of Natural Resources (IDNR) dated 30 August 2013. Subsequent to the award, IDNR issued the permit authorizing work in the lake and on the beach. The permit required a surplus volume of sand for Beach Nourishment. This volume is in excess of the beach storage potential capacity as specified in the "Guidelines for the Submittal of Applications for Illinois Department of Natural Resources, Office of Water Resources Permits for Shore Protection Projects in Lake Michigan". As such, this volume was not anticipated in the original design documents. The Local Sponsor has awarded a separate contract for work which is directly adjacent to and interdependent upon the work of this contract. The success of both contracts depends upon close coordination between both Prime contractors, the Local Sponsor and the Government. The Local Sponsor has closed the beach for public use for the entire 2014 season and notified the local residents. All construction and beach nourishment work has been carefully scheduled to complete during this construction season. This unanticipated addition must be immediately incorporated into the combined schedules of both current contracts. The sequence of activities requires the sand be delivered prior to the completion of the new parking lot and the boardwalk and other structures. Sand delivery vehicles would damage the pervious concrete parking lot and off loading would be blocked by the boardwalk and other structures. A delayed delivery of sand would require extraordinary means and methods for placement and would impose a substantial additional cost to the Government. The relatively short and narrow beach property causes major site constraints. The site would be required to host three prime contractors, each with their own subcontractors, tradesmen, heavy equipment and multiple material deliveries. This creates a substantial hazard to the safety of all workers on site and the public at large and would require an unreasonable level of legal, scheduling and scope coordination between the three prime contractors, their subcontractors, the Local Sponsor and the Government. It would not be reasonable to expect that all the work could be coordinated and completed under the condition of three prime contractors within the current construction season. The resulting delay represents additional costs to both the Government and the Local Sponsor, as well as hardship to the public from an extended beach shut down. Therefore, this contractual requirement is only obtainable form a single source, the incumbent Contractor. The primary purpose of this notice is to publicize this contract action prior to contract modification, as mandated in FAR Subpart 5.2 (Synopses of Proposed Contract Actions) and FAR Subpart 6.3 (Other Than Full and Open Competition). The contract type will remain Indefinite Delivery/Indefinite Quantity (IDIQ) and the period of performance will not be extended. This notice is not a formal solicitation or request for proposal.
