Acquisition Letters:

Acquisition Letters (ALs) are issued under the authorities of the Senior Procurement Executives of DOE and NNSA. ALs are intended for use by procurement professionals of DOE and NNSA, primarily Contracting Officers, and other officials involved in the acquisition process. Only DOE and NNSA Contracting Officers make definitive interpretations of how ALs affect DOE and NNSA contracts and related procedures. ALs are effective upon issuance and until rescinded.

Congressional Notifications and Quarterly Reporting to the Appropriations Committees in Accordance with the Energy and Water Development and Related Agencies Appropriations Act, 2021, Division D, Title III, Section 301 for Contract, Financial Assistance, or Other Transaction Agreement Actions to Include Related Congressional Notifications for Prior Fiscal Years’ Appropriations Acts.

AL 2021-03


What is the purpose of this AL?

The purpose of this AL/FAL is to provide information and guidance on statutory requirements for Congressional notification (the notification) and quarterly Section 301 reporting to the Appropriations Committees.

(a) The following actions require at least 3 full business days advanced Congressional notification to the Appropriations Committees (see the last page for a decision chart):

  1. All multiyear contract, financial assistance or other transaction agreement awards (including any modifications where funds are allocated for new programs, projects, or activities not covered by a previous notification) using “Department of Energy – Energy Programs” budget authority (see definitions for list of programs) that are not fully funded regardless of dollar amount;
  2. Pending award of a contract action totaling $1 million or more;
  3. Announcement of selected applications for negotiation of financial assistance or other transaction agreement awards totaling $1 million or more; and
  4. Award of a financial assistance or other transaction agreement action totaling $1 million or more.

(b) Financial assistance actions less than $1 million require quarterly Congressional reporting to the Appropriations Committees within 15 calendar days after the end of each quarter. The Office of the Chief Financial Officer will prepare and submit the quarterly report.