11.603 Procedures
Source: FAR 11.603 on acquisition.gov
FAR 11.603 mandates strict adherence to DPAS procedures for rated orders, ensuring national defense and emergency preparedness contracts receive priority and are managed according to federal regulations.
Overview
FAR 11.603 outlines the procedures for handling rated orders under the Defense Priorities and Allocations System (DPAS). It establishes the priority levels for rated orders (DO and DX), details the responsibilities of agencies and contracting officers, and provides guidance on compliance, reporting, and seeking assistance. The section references key DPAS regulations in 15 CFR 700 and emphasizes the need for agencies and contractors to follow specific procedures when issuing, managing, and reporting on rated orders to ensure national defense and emergency preparedness requirements are met.
Key Rules
- Priority Levels (DO and DX)
- DO rated orders take precedence over unrated orders; DX rated orders take precedence over both DO and unrated orders.
- Authority to Place Rated Orders
- Only delegate agencies and authorized entities may place rated orders; others must apply for authority.
- Compliance with DPAS
- All rated orders must be placed and managed in accordance with DPAS provisions.
- Agency Oversight and Guidance
- Agency heads must ensure compliance and provide guidance on issuing rated orders, including limitations.
- Procedural Adherence
- Contracting officers must follow agency-specific procedures for rated orders.
- Seeking Special Priorities Assistance
- Promptly seek assistance if difficulties arise in placing or fulfilling rated orders.
- Department of Commerce Enforcement
- The Department of Commerce may take official actions to enforce DPAS provisions.
- Reporting Violations
- Contracting officers must report DPAS violations promptly to the Department of Commerce.
Responsibilities
- Contracting Officers: Follow agency procedures for rated orders, seek assistance when needed, and report violations.
- Contractors: Comply with DPAS requirements and preferentially fulfill rated orders.
- Agencies: Ensure compliance, provide guidance, and oversee contracting activities.
Practical Implications
- Ensures critical contracts supporting national defense/emergency preparedness are prioritized.
- Requires strict adherence to DPAS procedures and agency guidance.
- Non-compliance or delays can result in enforcement actions or jeopardize mission-critical programs.
(a) There are two levels of priority for rated orders established by the DPAS, identified by the rating symbols "DO" and "DX". All DO rated orders have equal priority with each other and take preference over unrated orders. All DX rated orders have equal priority with each other and take preference over DO rated and unrated orders (see 15 CFR 700.11). The DPAS regulation contains provisions concerning the elements of a rated order (see 15 CFR 700.12); acceptance and rejection of rated orders (see 15 CFR 700.13); preferential scheduling (see 15 CFR 700.14); extension of priority ratings (flowdown) (see 15 CFR 700.15); changes or cancellations of priority ratings and rated orders (see 15 CFR 700.16); use of rated orders (see 15 CFR 700.17); and limitations on placing rated orders (see 15 CFR 700.18).
(b) The Delegate Agencies have been given authority by the Department of Commerce to place rated orders in support of approved programs (see Schedule I of the DPAS). Other U.S. Government agencies, Canada, and foreign nations may apply for priority rating authority.
(c) Rated orders shall be placed in accordance with the provisions of the DPAS.
(d) Agency heads shall ensure compliance with the DPAS by contracting activities within their agencies.
(e) Agency heads shall provide contracting activities with specific guidance on the issuance of rated orders in support of approved agency programs, including the general limitations and jurisdictional limitations on placing rated orders (see 15 CFR 700.18 and Executive Order 12919).
(f) Contracting officers shall follow agency procedural instructions concerning the use of rated orders in support of approved agency programs.
(g) Contracting officers, contractors, or subcontractors at any tier, that experience difficulty placing rated orders, obtaining timely delivery under rated orders, locating a contractor or supplier to fill a rated order, ensuring that rated orders receive preferential treatment by contractors or suppliers, or require rating authority for items not automatically ratable under the DPAS, should promptly seek special priorities assistance in accordance with agency procedures (see 15 CFR 700.50-700.55 and 700.80).
(h) The Department of Commerce may take specific official actions (Ratings Authorizations, Directives, Letters of Understanding, Administrative Subpoenas, Demands for Information, and Inspection Authorizations) to implement or enforce the provisions of the DPAS (see 15 CFR 700.60-700.71).
(i) Contracting officers shall report promptly any violations of the DPAS in accordance with agency procedures to the Office of Strategic Industries and Economic Security, U.S. Department of Commerce, Room 3876, Washington, DC 20230, Ref: DPAS; telephone: (202) 482-3634 or fax: (202) 482-5650.