DATE: September 16, 2022
SUBJECT: General Applicability Waiver of Build America, Buy America Requirements to Recipients of Department of Energy Federal Financial Assistance Awarded from FOAs Issued Prior to May 14, 2022
SUMMARY: This General Applicability Waiver (Waiver) is effective for 180 days after August 30, 2022 (the Effective Period) and applies only to awards issued as a result of Funding Opportunity Announcements (FOAs) released before May 14, 2022 (applicable awards). The Waiver is effective solely with respect to applicable awards signed between August 30, 2022 and February 28, 2023 (Effective Period); it does not apply to applicable awards signed before or after the Effective Period. Applicable awards subject to this Waiver will not be required to incorporate the Buy America Preference Requirement (Requirement).
The Waiver is intended to ensure that awardees that applied to DOE FOAs which, due to their time of issuance (prior to May 14, 2022), did not include any notice to applicants regarding Build America, Buy America Act (BABA) or its Requirement, are not subject to a Requirement of which they were not made aware and for which they did not plan, and which could result in significant changes to project budgets and/or schedules.
In accordance with BABA, DOE sought public comment as to whether this proposed Waiver is in the public interest. DOE has carefully considered the comments received and has determined that no changes to the Waiver scope or duration are needed as a result of the comments.
See the attached Federal Register Notice/Waiver for more information.
For questions concerning the policy flash, please contact the Contract and Financial Assistance Policy Division, Office of Policy in the Office of Acquisition Management at DOE_oapmpolicy@hq.doe.gov.