PF 2020-12 Implementation of Further Consolidated Appropriations Act, 2020, Division C (Energy and Water Development and Related Agencies Appropriations Act, 2020), Title III and Title V, Pub. L. No. 116-94; and Division C, Title VII of the Consolidated A

Acquisition Letter (AL) 2020-04 and Financial Assistance Letter (FAL) 2020-01 provide implementing instructions and guidance for Division C

Office of Management

January 30, 2020

DATE: January 27, 2020

SUBJECT: Implementation of Further Consolidated Appropriations Act, 2020, Division C (Energy and Water Development and Related Agencies Appropriations Act, 2020), Title III and Title V, Pub. L. No. 116-94; and Division C, Title VII of the Consolidated Appropriations Act, 2020, Pub. L. No. 116-93

TO: HCAs/Procurement Directors/Contracting Officers

FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management

SUMMARY:

Acquisition Letter (AL) 2020-04 and Financial Assistance Letter (FAL) 2020-01 provide implementing instructions and guidance for Division C (Energy and Water Development and Related Agencies Appropriations Act, 2020), Title III and Title V, Pub. L. No. 116-94; and Division C, Title VII of the Consolidated Appropriations Act, 2020, Pub. L. No. 116-93

The AL addresses the following:

Section 301(a) Unfunded Requests for Proposals
Section 301(c) Multiyear Award Funding for DOE—Energy Programs and Section 306 Multiyear Award Funding for DOE—Energy Programs—Science (From Section 306 of Division D of the 2016 Act)
Section 303 Construction of High-hazard Nuclear Facilities
Section 304 Independent Cost Estimate (ICE) for Critical Decision (CD)-2 and CD- 3 DOE O 413.3B Construction Projects
Section 305 Prohibition on Awards to the Russian Federation
Section 501 Lobbying Restrictions
Section 735 Any Payment for the Election for a Federal Office or to a Political Committee
Section 738 Reporting on Conference Spending
Section 741 Prohibition on A-76 Studies
Section 742 Confidentiality Agreements Prohibiting Whistleblower Activities
Section 743 Prohibition on Funding for Certain Nondisclosure Agreements
Section 744 Unpaid Federal Tax Liability
Section 745 Felony Criminal Violations

The FAL addresses the following:

Section 301(a) Unfunded Requests for Proposals/FOAs
Section 301(c) Multiyear Award Funding for DOE—Energy Programs; and Section 306 Multiyear Award Funding for DOE—Energy Programs—Science (From Section 306 of Division D of the 2016 Act)
Section 305 Prohibition on Awards to the Russian Federation
Section 501 Lobbying Restrictions
Section 724 Federal Funds Source Information
Section 739 Reporting on Conference Spending
Section 742 Confidentiality Agreements Prohibiting Whistleblower Activities
Section 743 Prohibition On Funding For Certain Nondisclosure Agreements
Section 744 Unpaid Federal Tax Liability
Section 745 Felony Criminal Violations

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.

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

For questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at doe_oapmpolicy@hq.doe.gov.

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