11.601 Definitions
Source: FAR 11.601 on acquisition.gov
FAR 11.601 defines essential terms for understanding and complying with contract priorities and allocations supporting national defense and emergency preparedness.
Overview
FAR 11.601 provides definitions for key terms used in Subpart 11.6, which addresses priorities and allocations in government contracting. These definitions clarify the meaning of terms such as "approved program," "delegate agency," "national defense," and "rated order," all of which are central to understanding how contracts are prioritized to support national defense and emergency preparedness. The section ensures that contracting professionals have a clear understanding of the terminology used when dealing with contracts that may be subject to priority ratings under the Defense Production Act, Stafford Act, and related authorities.
Key Rules
- Approved Program
- Defines which programs are eligible for priority and allocation support, as determined by specific federal authorities.
- Delegate Agency
- Identifies agencies authorized to assign priority ratings to contracts or orders.
- National Defense
- Broadly defines activities and programs considered part of national defense, including military, energy, emergency preparedness, and critical infrastructure.
- Rated Order
- Specifies what constitutes a rated order under the Defense Priorities and Allocations System (DPAS).
Responsibilities
- Contracting Officers: Must understand and correctly apply these definitions when processing rated orders or contracts supporting national defense.
- Contractors: Should recognize when their contracts or orders are subject to these definitions and comply with related requirements.
- Agencies: Must ensure proper delegation and use of authority for assigning priority ratings.
Practical Implications
- This section exists to ensure all parties use consistent terminology when dealing with priorities and allocations.
- It impacts daily contracting by clarifying when and how contracts may be prioritized for national defense or emergency preparedness.
- Misunderstanding these terms can lead to improper handling of rated orders or failure to comply with federal priorities.
As used in this subpart-
Approved program means a program determined as necessary or appropriate for priorities and allocations support to promote the national defense by the Secretary of Defense, the Secretary of Energy, or the Secretary of Homeland Security, under the authority of the Defense Production Act, the Stafford Act, and Executive Order 12919, or the Selective Service Act and related statutes and Executive Order 12742.
Delegate Agency means a Government agency authorized by delegation from the Department of Commerce to place priority ratings on contracts or orders needed to support approved programs.
National defense means programs for military and energy production or construction, military assistance to any foreign nation, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act ( http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5195&num=0&edition=prelim" target="_blank">42 U.S.C. 5195 et seq.) and critical infrastructure protection and restoration. (50 U.S.C. App. § 2152).
Rated order means a prime contract, a subcontract, or a purchase order in support of an approved program issued in accordance with the provisions of the DPAS regulation (15 CFR part 700).