Notice of Intent for Other than Full and Open Competition to Award a Modification
Overview
Buyer
Place of Performance
NAICS
PSC
Set Aside
Original Source
Timeline
Qualification Details
Fit reasons
- NAICS alignment with historical contract wins in similar service areas.
- Scope strongly matches core technical capabilities and delivery model.
Risks
- Past performance thresholds may require one additional teaming partner.
- Potential clarification needed on staffing minimums before bid/no-bid.
Next steps
Validate eligibility requirements, assign capture owner, and schedule partner outreach to confirm teaming strategy before submission planning.
Quick Summary
The U.S. Army Corps of Engineers (USACE), Seattle District, has issued a Notice of Intent for Other than Full and Open Competition to award a modification to contract W912DW25C0001. This modification is required to incorporate the DFARS clause 252.232-7007 (Limitation of the Government’s Obligation), an incremental funding clause, into the existing contract with Flatiron-AECON JV.
Purpose of Modification
Public Law 119-74, signed on January 23, 2026, mandates that USACE modify existing Integrated Design and Construction (IDaC) contracts to include the incremental funding clause. This clause allows the Government to allot funds at different times pursuant to a schedule.
Contract Details
The affected contract, W912DW25C0001, is for the Howard A. Hanson Dam (HAHD) Fish Passage Facility (FPF). It was awarded to Flatiron-AECON JV (CAGE 9WEU9) using the IDaC delivery method and is a Fixed-Price Incentive (FPI) type contract. The place of performance is Ravensdale, WA.
Justification for Non-Competition
The original competitive solicitation for contract W912DW25C0001 did not include an incremental funding clause. Incorporating this clause now is considered a material change that differs from the reasonable expectations of the original offerors and is out of scope. Therefore, this modification requires justification under FAR Part 6 for other than full and open competition. The incumbent contractor, Flatiron-AECON JV, is deemed the only responsible source due to their extensive involvement in the design phase and understanding of the project's complexities. Awarding to another source would lead to substantial duplication of costs and unacceptable delays.
Impact and Response
Failure to approve this modification would prevent the exercise of the construction option and halt the critical HAHD FPF project. This notice is a justification for a sole-source modification and not a solicitation for new proposals. Interested parties may submit comments regarding the Government's intent to award this modification non-competitively.
Key Dates & Contacts
- Published Date: March 6, 2026
- Comments Due: March 21, 2026
- Set-Aside: Not Applicable (modification to existing contract)
- Primary Contact: Monique Paano, monique.a.paano@usace.army.mil