PF 2023-27 (FAL) 2023-04 Two-Year Cost-Share Pilot Program Extension (ARCHIVED)

DATE: May 31, 2023

SUBJECT: (FAL) 2023-04 Two-Year Cost-Share Pilot Program Extension

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) FAL-2023-04 provides information and guidance regarding the Department of Energy’s (DOE or Department) implementation of the extension of the cost-share exemption enacted in the Research and Development, Competition and Innovation Act of 2022 (RDCIA), P.L. 117-167.

Section 10725 of the RDCIA amends 42 USC 16352 to exempt institutions of higher education (IHE) and nonprofit institutions from the minimum cost sharing requirements for research and development (R&D) activities during the 2-year period beginning on August 9, 2022. DOE utilized its deviation authority to provide a class deviation to the cost share requirements to implement Section 10725 of the RDCIA.

During the two-year period beginning on August 9, 2022, the R&D activities performed by an IHE or nonprofit institution are exempt from the cost share requirement of 2 CFR 910.130(b). DOE programs have discretion to impose, as a matter of programmatic policy, cost share requirements for IHEs and nonprofit institutions performing applied R&D under DOE financial assistance awards.

For DOE questions concerning the policy flash or the contents of the FAL 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.