52.211-14
Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use
Contracts with a DX or DO priority rating require strict compliance with DPAS regulations, mandating contractors to prioritize these orders for national defense, emergency, or energy program needs.
Overview
FAR 52.211-14 is a solicitation provision that notifies offerors that any resulting contract will carry a priority rating (either DX or DO) under the Defense Priorities and Allocations System (DPAS), as authorized by 15 CFR 700. This rating signifies that the contract supports national defense, emergency preparedness, or energy programs, and imposes specific regulatory obligations on the contractor. The contracting officer will indicate the applicable rating in the solicitation, and contractors must comply with all DPAS requirements if awarded the contract.
Key Rules
- Priority Rating Notification
- The solicitation must inform offerors if the contract will be a DX or DO rated order under DPAS.
- DPAS Compliance Requirement
- Contractors awarded a rated order must comply with all DPAS regulations, including prioritizing performance and delivery.
Responsibilities
- Contracting Officers: Must specify the appropriate DX or DO rating in the solicitation and ensure contractors are aware of DPAS obligations.
- Contractors: Must comply with all DPAS requirements, including prioritizing rated orders and following specific acceptance, rejection, and flow-down procedures.
- Agencies: Must oversee compliance with DPAS and ensure proper use of priority ratings.
Practical Implications
- This provision ensures contractors are aware of their obligations under DPAS before contract award, helping to prevent delays or noncompliance.
- Contractors must be prepared to prioritize rated orders over non-rated work and understand the regulatory framework governing such contracts.
- Failure to comply with DPAS can result in contractual and legal consequences, making awareness and training essential.