PF 2024-34 Implementation of the Consolidated Appropriations Act, 2024, Division D (Energy and Water Development and Related Agencies Appropriations Act, 2024)

DATE: August 13, 2024

SUBJECT: (AL 2024-05) Implementation of the Consolidated Appropriations Act, 2024, Division D (Energy and Water Development and Related Agencies Appropriations Act, 2024), Title III and Title V of Pub. L. No. 118-42; and Division B (Financial Services and General Government Appropriations Act, 2024), Title VII of Pub. L. No. 118-47.

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) AL 2024-05 and Financial Assistance Letter (FAL) FAL 2024-06 provide implementing instructions and guidance for the Consolidated Appropriations Act, 2024, Division D (Energy and Water Development and Related Agencies Appropriations Act, 2024), Title III and Title V of Pub. L. No. 118-42; and Division B (Financial Services and General Government Appropriations Act, 2024), Title VII of Pub. L. No. 118-47.

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 302 Construction of High-hazard Nuclear Facilities
Section 303 Independent Cost Estimate (ICE) for Critical Decision (CD)-2 and CD- 3 DOE O 413.3B Construction Projects
Section 310 Research Security
Section 313 Prohibition on Laboratory Employee Details to Congress or Executive Branch in Excess of 24 months
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 304 Use of Independent Project Management Procedures in Awards that Exceed $100,000,000 in Federal Funding
Section 310 Research Security • Section 501 Lobbying Restrictions
Section 724 Federal Funds Source Information
Section 738 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
Section 750 Congressional Earmarks and Congressionally Directed Spending

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.

Implementation guidance for Section 310 concerning awards to entities of concern will be provided in a separate Acquisition Letter.

For DOE questions concerning the policy flash please contact the Contract and Financial Assistance Policy Division at DOE_OAPMPolicy@hq.doe.gov.

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