Notice of Intent for Other than Full and Open Competition to Award a Modification

DFARS clause 252.232-7007 (Limitation of the Governments 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 252.2327007, which is the Limitation of Governments 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 Contra