NOTICE OF INTENT FOR OTHER THAN FULL AND OPEN COMPETITION TO AWARD A MODIFICATION

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.