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Policy Flash 2014-27 Implementation of Division D, Titles III and V, and Division E, Title VII of the Consolidated Appropriations Act, 2014,Pub. L. No. 113-76. (AL) 2014-04 and (FAL) 2014-01 revised

DATE:         May 7, 2014

TO:              Procurement Directors/Contracting Officers

FROM:        Director

                    Contract and Financial Assistance Policy Division

                    Office of Policy

                   Office of Acquisition and Project Management

SUBJECT:  Implementation of Division D, Titles III and V, and Division E, Title VII of the Consolidated Appropriations Act, 2014,

                   Pub. L. No. 113-76.

SUMMARY: Acquisition Letter (AL) 2014-04 and Financial Assistance Letter (FAL) 2014-01 have been revised to remove language from Section 502 that was not carried forward from previous appropriation acts. FAL 2014-01was also revised to update the Corporate Felony Conviction and Federal Tax Liability Representations and Assurances and the Conference Spending term. As a result, AL 2014-04 (Rev 1) and FAL 2014-01 (Rev 1) provide implementing instructions and guidance for Division D, Titles III and V, and Division E, Title VII of the Consolidated Appropriations Act, 2014, Pub. L. No. 113-76.

The AL addresses the following:

Appropriations Act

• Section 301(a) Unfunded Requests for Proposals

• Section 304 Construction of High-hazard Nuclear Facilities

• Section 305 Independent Cost Estimate (ICE) for Critical Decision (CD)-2 and CD-3 DOE O 413.3B Construction Projects

• Section 318 Small Business Goals

• Section 501 Lobbying Restrictions

• Section 502 Felony Criminal Violations

• Section 503 Unpaid Federal Tax Liability

• Section 627 ARRA Reporting

• Section 733 Prohibition on Contracting with Inverted Domestic Corporations

• Section 735 Any Payment for the Election for a Federal Office or to a Political Committee

• Section 742 Reporting on Conference Spending

The FAL addresses the following:

Consolidated Appropriations Act, 2014

• Section 301(a) Unfunded Requests for Proposals

• Section 501 Lobbying Restrictions

• Section 502 Felony Criminal Violations

• Section 503 Unpaid Federal Tax Liability

• Section 724 Federal Funds Source Information

• Section 742 Reporting on Conference Spending

This flash and its attachments will be available online at the following website: http://energy.gov/management/office-management/operational-management/pr....

Implementing instructions and guidance pertaining to Sections 301(b) and 301(c), which requires advance notification to Congress for certain acquisitions and financial assistance actions, are addressed in a separate Acquisition Letter/Financial Assistance Letter (AL 2014-04 and FAL 2014-02).

For DOE questions concerning the policy flash or AL, please contact Jason Taylor at (202) 287-1560 or jason.taylor@hq.doe.gov or Richard Bonnell at (202) 287-1747 or richard.bonnell@hq.doe.gov for the FAL.

For NNSA questions concerning the policy flash please call (505) 845-4337.

Attachments