DATE: November 1, 2022
SUBJECT: FAL 2023-01 Buy America Requirement for Infrastructure Projects in Financial Assistance Awards
SUMMARY: Financial Assistance Letter (FAL) FAL-2023-01 provides information and guidance regarding the Department of Energy’s (DOE’s) implementation of the domestic content procurement preference requirement (Buy America Requirement) for infrastructure projects found in the Build America, Buy America Act (BABA), Title IX of Division G of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58.
The FAL applies to all DOE funding opportunity announcements (FOAs) and financial assistance actions, whether or not funded through the Infrastructure Investment and Jobs Act (IIJA), where funds are appropriated or otherwise made available and used for financial assistance awards for public infrastructure projects—FOAs or financial assistance awards that include construction, alteration, maintenance, or repair of public infrastructure in the United States.
The FAL can be found on the DOE Financial Assistance webpage at: https://www.energy.gov/management/financial-assistance-letters
Questions concerning the policy flash should be directed to the Contract and Financial Assistance Policy Division, Office of Policy in the Office of Acquisition Management at DOE_oapmpolicy@hq.doe.gov.