PF 2025-56 (FAL2025-08) SUBJECT: The Buy America Preference for Financial Assistance
DATE: September 2, 2025
TO: HCAs/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management
SUMMARY: Financial Assistance Letter (FAL) 2025-08 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 updated guidance on DOE’s Buy America Requirement waiver request submittal and review process.
This FAL cancels and supersedes FAL 2025-01 and remains in effect until canceled or superseded.
Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov.