DATE: October 4, 2024
SUBJECT: Buy America Requirement -The Required Use of Iron, Steel, Manufactured Products, and Construction Materials Produced in the United States in Federally Funded Awards that Contain Construction, Alteration, Maintenance, or Repair of Public Infrastructure in the United States
SUMMARY: Financial Assistance Letter (FAL) 2025-01 provides updated information and guidance regarding the Department of Energy’s (DOE’s) implementation of the domestic content procurement preference requirement (Buy America Requirement) established 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 and codified in OMB’s primary guidance provided to Agencies in 2 CFR 184.
The FAL applies to all DOE notice of funding opportunity announcements (NOFOs) and financial assistance actions, where funds are appropriated or otherwise made available and used for financial assistance awards for or involving public infrastructure projects—NOFOs or financial assistance awards that include construction, alteration, maintenance, or repair of public infrastructure in the United States. This FAL also includes guidance on DOE’s Buy America Requirement waiver request submittal and review process.
This FAL cancels and supersedes FAL 2023-01 and remains in effect until canceled or superseded.
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.