Control Number: SWT-26-0006

RFO Part 6 Justification and Approval for Other than Full and Open Competition

1. Requiring Activity: Whittier Narrows Dam Safety Modification Project in Los Angeles County, California.

2. Contracting Activity: USACE Tulsa District, CESWT

3. Description of Action: This document requests approval to issue a modification to contract W912BV25CA002 with Barnard Construction Company, Inc. (CAGE: 0S2U8), 1111 West 12th Street, Ogden, UT 84404. This action is necessary to incorporate Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.232- 7007, Limitation of Government’s Obligation, and to exercise the construction option (CLIN 0002) ahead of the originally planned schedule. The total estimated value of this modification, which corresponds to the funding of the construction option, is $571 Million. The funds are Fiscal Year 2026 (FY26) appropriations provided by Public Law 119-74.

4. Description of Supplies/Services: On 25 April 2025, USACE awarded Integrated Design and Construction (IDaC) Contract W912BV25CA002 to Barnard Construction Company for the Whittier Narrows Dam Safety Modification Project. This contract includes a base item for preconstruction services and an option item (CLIN 0002) for the full construction phase, which was originally scheduled to be exercised by 6 April 2027.

Section 103 (b) of the Commerce, Justice, Science; Energy and Water Development;

and Interior and Environment Appropriations Act, 2026 (Public Law [P.L.] 119-74, enacted on 23 January 2026, requires the government to execute this contract modification to incorporate DFARS 252.232-7007 and obligate all prior appropriations by the statutory deadline of 24 March 2026 (60 days from enactment). To comply with this mandate, the construction option (CLIN 0002) must be exercised approximately 12 months earlier than originally planned. P.L. 119-74 specifically appropriates $571M to fully fund the construction option.

5. Authority Cited: The statutory authority permitting other than full and open competition is Title 10 U.S.C. §3204(a)(5), as implemented by RFO 6.103- 5(b)(1), Authorized or Required by Statute.

6. Reason for Authority Cited: This sole-source modification is required by statute.

P.L. 119-74 expressly directs that existing IDaC contracts be modified to incorporate a specific clause and that available funds be obligated by a statutory deadline. Since W912BV25CA002 is an existing IDaC contract for the Whittier Narrows Dam project, the Government is statutorily obligated to modify this specific contract. Barnard Construction Company is the incumbent prime contractor; therefore, directing this modification to them is the only possible course of action to comply with the law. This statutory mandate precludes competition for this action.

Control Number: SWT-26-0006

a. Background: Barnard Construction Company is the incumbent contractor for this project and has successfully completed the pre-construction services under the base portion of the IDaC contract. As the design and construction contractor, Barnard possesses unique and comprehensive knowledge of the project specifics, site conditions, and design intricacies. The statutory requirement to modify existing contracts makes Barnard the only source capable of performing this work within the mandated timeframe without causing a violation of law. Awarding to another source would not be possible as the law specifies action on an existing instrument.

b. Alternatives:

1) Conduct a competitive acquisition for the construction phase: This alternative is not viable. It would violate the terms of the existing IDaC contract, which contains the option for construction. Furthermore, a new competitive action could not be completed and awarded by the statutory deadline of 24 March 2026, which would cause the Government to violate the law.

2) Decline to issue the modification: This would result in a direct violation of P.L. 119-74 and would prevent the obligation of $571M in appropriated funds, likely leading to their expiration and the termination of a critical dam safety project.

c. Impact if not approved: If this justification is not approved, the Government will be unable to comply with the legal requirements of P.L. 119-74. This would result in the failure to obligate $571M in congressionally appropriated funds by the 24 March 2026 deadline, leading to the potential loss of funding and the cancellation of the Whittier Narrows Dam Safety Modification Project. This would have a significant negative impact on public safety and national infrastructure.

7. Efforts to Obtain Competition: The nature of this action is a statutorily directed modification to an existing contract; therefore, no efforts to obtain competition are possible. The underlying IDaC contract was awarded through full and open competition.

In accordance with RFO 5.101(b)(2), a notice of intent to award a sole-source modification is not required as the modification is authorized by statute.

a. Effective competition: The nature of this action is a statutorily directed modification to an existing contract; therefore, no efforts to obtain competition are possible. The underlying IDaC contract was awarded through full and open competition.

In accordance with RFO 5.101(b)(2), a notice of intent to award a sole-source modification is not required as the modification is authorized by statute.

b. Subcontracting competition: The Government will ensure that Barnard Construction Company obtains maximum practicable competition for subcontracts in accordance with their approved small business subcontracting plan and the terms of the contract.