The Department of Energy’s (the “DoE”) mission is to ensure America’s security and prosperity by addressing its energy, environmental, and nuclear challenges through transformative science and technology solutions.  To accomplish this mission, Congress authorized $151.33 billion for the DoE and its five (5) sub-components in FY 23, with $55.72 million for contract awards.

Current contractors and grantees of the DoE know that the agency’s work is dynamic and transformative.  And now, “in the spirit of alleviating unnecessary regulatory burdens while remaining prudent stewards of taxpayer resources, DOE undertook a review of its acquisition framework.”

In a recent Proposed Rule, the DoE has opened public comment for its proposed amendments and revisions to its DoE Acquisition Regulation (the “DEAR”).  GovContractPros’ review of the proposed changes reveals that almost every section of the DEAR will be amended, pending a final rule.  The proposed changes include amendments to clarify DoE’s Mentor Protégé Program under Part 919, among other sections relevant to small businesses.

For those who are new to federal contracting, the Federal Acquisition Regulation (48 CFR chapter 1) is the primary regulation for use by all executive agencies in their acquisition of supplies and services with appropriated funds.  Agencies, such as DoE, are permitted under federal law to issue agency-specific acquisition regulations that implement or supplement the FAR, e.g., the DEAR.  In effect, federal procurements are regulated both by the FAR and these agency-specific acquisition regulations.

For those who currently hold contracts or intend to hold contracts with DoE, GovContractPros recommends reviewing the DoE’s Proposed Rule changes, and possibly providing comments to these proposed changes.  Please note, comments regarding the Proposed Rule must be submitted by December 26, 2023.

If you have any questions regarding the DoE’s Proposed Rule, or are considering submitting comments to the DoE and would like assistance, please contact Trevor Skelly.