PF 2025-13 (FAL 2025-04) Guidance for the Implementation of Section 40322 of the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 in Notices of Funding Opportunities, Financial Assistance Awards, and Other Transaction Authority Agreements

DATE: December 17, 2024

TO: HCAs/Procurement Directors/Contracting Officers
FROM: Director, Contract and Financial Assistance Policy Division, Office of Policy, Office of Acquisition Management

SUMMARY: Provides information and guidance to Grant and Agreement Officers , the Implementation of Section 40322 of the Infrastructure Investment and Jobs Act (IIJA) to extend the existing data protection authority for data first produced in the performance of an award from five years to up to thirty years which applies, by statute, to research, development, demonstration, and commercial application programs, projects and activities under the Energy Policy Acts of 1992 and 2005 (jointly referred to as “EPAct”) and to other transactions for research, development and demonstration projects under 42 U.S.C. § 7256(g)(5) (research, development and demonstration are collectively, “RD&D”. 

The guidance and implementation of the extended data protection in Bipartisan Infrastructure Law (BIL) can be found on the DOE Financial Assistance webpage at: https://www.energy.gov/management/department-energy-guidance-acquisition-financial-assistance-and-other-transactions . 

Questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at DOE_oapmpolicy@hq.doe.gov.

FAL 2025-04 OTL Extended Data Protection

FAL 2025-04 OTL Extended Data Protection (Attachment 1)

FAL 2025-04 OTL Extended Data Protection (Attachment 2)