52.211-15 Defense Priority and Allocation Requirements
Source: FAR 52.211-15 on acquisition.gov
Contractors must prioritize and comply with all requirements for rated orders under the Defense Priorities and Allocations System (DPAS) when this clause is included in a contract.
Overview
FAR 52.211-15, Defense Priority and Allocation Requirements, mandates that contractors comply with the Defense Priorities and Allocations System (DPAS) regulation (15 CFR 700) when fulfilling rated orders. These rated orders are designated for national defense, emergency preparedness, or energy program use. The clause requires contractors to prioritize these orders and adhere to all DPAS requirements, which may include accepting rated orders, prioritizing performance, and following specific procedures for handling such orders. The clause is inserted into contracts as prescribed by FAR 11.604(b), ensuring that government needs related to national security and emergency preparedness are met efficiently and without delay.
Key Rules
- Rated Orders
- Contractors must treat the contract as a rated order under DPAS, giving it priority over non-rated orders.
- DPAS Compliance
- Contractors must follow all requirements outlined in 15 CFR 700, including acceptance, rejection, and performance of rated orders.
Responsibilities
- Contracting Officers: Must include this clause in applicable contracts and ensure contractors understand their obligations.
- Contractors: Must comply with DPAS regulations, prioritize rated orders, and maintain documentation of compliance.
- Agencies: Oversee contractor compliance and ensure national defense and emergency preparedness needs are met.
Practical Implications
- This clause ensures that critical government needs for defense and emergency preparedness are prioritized in the supply chain.
- Contractors must be familiar with DPAS procedures and be prepared to adjust production schedules to meet rated order requirements.
- Failure to comply can result in contractual remedies or penalties, and may impact future contract opportunities.
As prescribed in 11.604(b), insert the following clause:
Defense Priority and Allocation Requirement (Apr 2008)
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
(End of clause)