Acquisition Letters (ALs) are issued under the authorities of the Senior Procurement Executives of DOE and NNSA. ALs are intended for use by procurement professionals of DOE and NNSA, primarily Contracting Officers, and other officials involved in the acquisition process. Only DOE and NNSA Contracting Officers make definitive interpretations of how ALs affect DOE and NNSA contracts and related procedures. ALs are effective upon issuance and until rescinded.
Congressional Notifications and Quarterly Reporting to the Appropriations Committees in Accordance with the Energy and Water Development and Related Agencies Appropriations Act, 2024, Division D, Title III, Section 301 for Contract, Financial Assistance, or Other Transaction Agreement Actions to Include Related Congressional Notifications for Prior Fiscal Years’ Appropriations Acts
AL 2024-03
06/21/2024
What is the purpose of this AL?
The purpose of this AL/FAL/OTL is to provide information and guidance on the statutory
requirements for Congressional notification (301 notification or the notification) and quarterly
Section 301 reporting to the Committees on Appropriations of both Houses of Congress
(Appropriation Committees).
(a) The following actions require advanced Congressional notification to the Appropriations
Committees in accordance with the guidance provided in this AL/FAL/OTL:
- (1) All multi-year contract, financial assistance or other transaction (OT) agreements and
actions (including any modifications where funds are allocated for new programs,
projects, or activities not covered by a previous notification) using the budget authority
made available in an appropriations act under the heading “Department of Energy –
Energy Programs” (see definitions for list of programs) that are not fully funded at time
of award regardless of dollar amount;
(2) Pending award of a contract action totaling $1 million or more;
(3) Provision of nonoperational funding with competition restricted only to Department of
Energy National Laboratories (Laboratory calls) totaling $1 million or more;
(4) Provision of nonoperational funding directly to a Department of Energy National
Laboratory totaling $25 million or more;
(5) Announcement of selected applicants for negotiation of competitive financial assistance
or other transaction awards totaling $1 million or more;
(6) Award of a competitive financial assistance or OT award totaling $1 million or more;
(7) Announcement, release, or posting of the funding opportunity announcement, notice of
funding opportunity, and/or the annual program notice for formula or block grant
programs;
(8) Community Project Funding/Congressionally Directed Spending (CPF/CDS) awards
totaling $1 million or more; and
(9) Financial assistance awards (new, renewal or supplemental) and OT agreements totaling
$1 million or more made non-competitively (awarded through the execution of a
Determination of Non-Competitive Financial Assistance (DNFA)).
(b) Financial assistance and OT agreements totaling less than $1 million require quarterly
Congressional reporting to the Appropriations Committees within 15 calendar days after the end
of each quarter. The Office of the Chief Financial Officer will prepare and submit the quarterly
Congressional report.