DATE: November 15, 2021

Implementation of the DOE Determination of Exceptional Circumstances under the Bayh-Dole Act to Further Promote Domestic Manufacture of DOE Science and Energy Technologies – Class Deviation

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

Provides information and guidance regarding DOE’s implementation of the DOE Determination of Exceptional Circumstances under the Bayh-Dole Act to Further Promote Domestic Manufacture of DOE Science and Energy Technologies, signed on June 7, 2021 (“Science and Energy DEC” or “S&E DEC”), Appendix 1, in financial assistance for Bayh-Dole entities.

DOE’s implementation of the DOE Determination of Exceptional Circumstances under the Bayh-Dole Act to Further Promote Domestic Manufacture of DOE Science and Energy Technologies can be found on the DOE Financial Assistance webpage at: /management/financial-assistance-letters.

Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov and Office of the Assistant General Counsel for Technology Transfer and Intellectual Property at
GC-62@hq.doe.gov.