Notice of Intent for Other than Full and Open Competition to Award a Modification
Closed Special Notice Posted
- Solicitation number
- NWS-2026-09
- Agency
-
ENDIST Seattle
US Army Corps of Engineers, Department of Defense
- Responses due
- Set-aside
- No set-aside
Opportunity facts
- NAICS code
- 237990 Other Heavy and Civil Engineering Construction
- Place of performance
- Ravensdale, Washington 98051, United States
Notice details come from SAM.gov. Updated .
About this opportunity
The United States Army Corps of Engineers (USACE) Seattle District issued a Special Notice on March 6, 2026, regarding a Notice of Intent for Other than Full and Open Competition to award a modification to contract W912DW25C0001. The modification concerns the Howard A. Hanson Dam Fish Passage Facility project and involves incorporating incremental funding language into an existing contract awarded to Flatiron-AECON JV. This special notice is being published in accordance with the Competition in Contracting Act (CICA) because the contract modification is considered materially different from the original solicitation requirements. The modification was mandated by 119 Public Law 74, signed on January 23, 2026, which requires the inclusion of DFARS clause 252.232-7007 (Limitation of the Government's Obligation) to enable incremental funding authority. The modification represents a deviation from the original competitive procurement, necessitating formal justification and approval under FAR Part 6.
The primary objective of this modification is to incorporate incremental funding provisions into the existing Fixed-Price Incentive contract to comply with congressional appropriations requirements. The incumbent contractor, Flatiron-AECON JV, has been deemed the only responsible source due to their critical preconstruction services and unique constructability expertise developed during the design phase of this Integrated Design and Construction project. Interested parties have until March 21, 2026, to submit comments or concerns regarding this non-competitive award decision. The modification is contingent upon availability of funds and authorization of construction activities, with fair and reasonable pricing to be determined through cost and pricing analysis. Certified cost or pricing data will be required if the modification impacts exceed $2.5 million. This opportunity falls under NAICS code 237990 (Other Heavy and Civil Engineering Construction) and PSC code Y1PZ (Construction of Other Non-Building Facilities).
Notice text
DFARS clause 252.232-7007 (Limitation of the Government’s Obligation) needs to be included in contract W912DW25C0001 in accordance with 119 Public Law 74 entitled, “Commerce, Justice, Science, Energy and Water Development; and Interior and Environment Appropriations Act, 2026.” 119 Public Law 74, signed on 23 January 2026, requires that USACE modify the contract to incorporate the authority provided in 33 U.S.C. 621 and DFARS 252.232–7007, which is the “Limitation of Government’s obligation” clause that contemplates the Government will “allot funds” at different times pursuant a schedule (for purposes of simplicity, this will be referred to hereafter as the “incremental funding clause” or “IFC.” This Justification and Approval is deemed necessary because of the requirements of the Competition in Contracting Act. As the contract was competitively solicited without an incremental funding clause, the directed change to now incorporate incremental funding is considered to differ materially from the reasonable expectations of the offerors, and out of scope, which renders the modification subject to FAR Part 6 requirements.
Files
| File | Type | Posted |
|---|---|---|
| W912DW25C0001 HAHD AWSP FPF Justification FAR Part 6_Redacted_Final.pdf |
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