DATE: August 7, 2019

SUBJECT: Implementation of Indian Energy Preference Provision in EPAct 2005

TO: Heads of Contracting Activities/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management


The purpose of this flash is to remind all acquisition personnel of the departmental policy concerning implementation of the Indian energy preference provision in EPAct 2005.

On February 5, 2013 Acquisition Letter (AL) 2013-02 was issued to provide detailed guidance on the implementation of the subject preference provision at DOE. The content of this AL was then further added to Acquisition Guide 41.2, “Utilities” on August 17, 2017.

This policy is still in effect, and all personnel responsible for purchasing energy are encouraged to consider use of this preference provision.

This Flash will be available online at the following website:


Questions concerning this policy flash should be directed to Jason Taylor, of the Contract and Financial Assistance Policy Division at (202) 287-1560 or at

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