Federal Acquisition Regulation; FAR Case 2006-033, Revisions to the Defense Priorities and Allocations System (DPAS), 21783-21788 [E8-8451]
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Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
(F) The authority to acknowledge or reject
SSRs in eSRS, including SSRs submitted by
subcontractors with subcontracting plans,
resides with the Government agency
awarding the prime contracts.
(ii) Reports submitted under a commercial
plan—
(A) The report shall include all subcontract
awards under the commercial plan in effect
during the Government’s fiscal year.
(B) The report shall be submitted annually,
within thirty days after the end of the
Government’s fiscal year.
(C) If a Contractor has a commercial plan
and is performing work for more than one
executive agency, the Contractor shall specify
the percentage of dollars attributable to each
agency from which contracts for commercial
items were received.
(D) The authority to acknowledge or reject
SSRs for commercial plans resides with the
Contracting Officer who approved the
commercial plan.
(iii) All reports submitted at the close of
each fiscal year (both individual and
commercial plans) shall include a Year-End
Supplementary Report for Small
Disadvantaged Businesses. The report shall
include subcontract awards, in whole dollars,
to small disadvantaged business concerns by
North American Industry Classification
System (NAICS) Industry Subsector. If the
data are not available when the year-end SSR
is submitted, the prime Contractor and/or
subcontractor shall submit the Year-End
Supplementary Report for Small
Disadvantaged Businesses within 90 days of
submitting the year-end SSR. For a
commercial plan, the Contractor may obtain
from each of its subcontractors a
predominant NAICS Industry Subsector and
report all awards to that subcontractor under
its predominant NAICS Industry Subsector.
(End of clause)
12. Amend section 52.219–25 by—
a. Revising the date of the clause; and
b. Revising paragraphs (a) last
sentence and (b);
I The revised and added text reads as
follows:
I
I
I
52.219–25 Small Disadvantaged Business
Participation Program—Disadvantaged
Status and Reporting.
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*
*
*
*
*
SMALL DISADVANTAGED BUSINESS
PARTICIPATION PROGRAM—
DISADVANTAGED STATUS AND
REPORTING (APR 2008)
(a) * * * The Contractor shall confirm that
a joint venture partner, team member, or
subcontractor representing itself as a small
disadvantaged business concern is a small
disadvantaged business concern certified by
the Small Business Administration by using
the Central Contractor Registration database
or by contacting the SBA’s Office of Small
Disadvantaged Business Certification and
Eligibility.
(b) Reporting requirement. If this contract
contains SDB participation targets, the
Contractor shall report on the participation of
SDB concerns at contract completion, or as
otherwise provided in this contract.
Reporting may be on Optional Form 312,
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Small Disadvantaged Business Participation
Report, in the Contractor’s own format
providing the same information, or
accomplished through using the Electronic
Subcontracting Reporting System’s Small
Disadvantaged Business Participation Report.
This report is required for each contract
containing SDB participation targets. If this
contract contains an individual Small
Business Subcontracting Plan, reports shall
be submitted with the final Individual
Subcontract Report at the completion of the
contract.
(End of clause)
PART 53—FORMS
13. Revise section 53.219 to read as
follows.
I
53.219
Small business programs.
The following form may be used in
reporting small disadvantaged business
contracting data: OF 312 (10/00), Small
Disadvantaged Business Participation
Report. (See Subpart 19.12.)
53.301–294 and 53.301–295
[Removed]
14. Remove sections 53.301–294 and
53.301–295.
I
[FR Doc. E8–8449 Filed 4–21–08; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 11, 18, 52 and 53
[FAC 2005–25; FAR Case 2006–033; Item
III; Docket 2008–0001; Sequence 7]
RIN 9000–AK93
Federal Acquisition Regulation; FAR
Case 2006–033, Revisions to the
Defense Priorities and Allocations
System (DPAS)
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on a final rule
amending the Federal Acquisition
Regulation (FAR) to reflect the
President’s delegation of the Defense
Production Act’s priorities and
allocations authorities in Executive
Order 12919, and to reflect the current
provisions of the Defense Priorities and
Allocations System (DPAS) regulations
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21783
of the Department of Commerce
outlined in 15 CFR Part 700.
DATES: Effective Date: April 22, 2008.
FOR FURTHER INFORMATION CONTACT: Ms.
Cecelia L. Davis, Procurement Analyst,
at (202) 219–0202 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAC 2005–25, FAR case
2006–033.
SUPPLEMENTARY INFORMATION:
A. Background
Under Title I of the Defense
Production Act (50 U.S.C. App. 2061, et
seq.), the President is authorized to
require preferential acceptance and
performance of contracts or orders
supporting certain approved national
defense and energy programs, and to
allocate materials, services, and
facilities in such a manner to promote
these approved programs. Additional
priorities authority is found in section
18 of the Selective Service Act of 1948
(50 U.S.C. App. 468), 10 U.S.C. 2538,
and 50 U.S.C. 82.
The President delegated the priorities
and allocations authorities of the
Defense Production Act in E.O. 12919,
as amended. The President has
delegated the authority to approve a
program for priorities and allocations
support to the Secretaries of Defense,
Energy, and Homeland Security. As part
of that delegation, the President
designated the Secretary of Commerce
to administer the Defense Priorities and
Allocations System (DPAS). The
Defense Production Act authority has
also been extended to support
emergency preparedness activities
under Title VI of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C.
5195, et seq.), and critical infrastructure
protection and restoration.
The FAR is revised as follows:
• Subpart 2.101 revised the definition
of ‘‘national defense’’ to include a
reference to the DPAS definition, which
includes critical infrastructure
protection and restoration.
• Subpart 11.6, Priorities and
Allocations, is revised to reflect the
President’s delegation of the Defense
Production Act’s priorities and
allocations authorities in Executive
Order 12919, and the current provisions
of the DPAS regulations of the
Department of Commerce (see 15 CFR
Part 700).
• Parts 18 and 52 are revised to
include the emergency acquisition text.
• Subpart 53.3 is revised to add
changes to Standard Form 26 and 1447.
The Councils are publishing this rule
as a final rule without comment under
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21784
Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
41 U.S.C. 418b, because it implements
the President’s delegable authorities
outlined in the Defense Production Act
in Executive Order 12919, amended,
which are not subject to negotiation.
The FAR changes will not have
significant effect beyond the internal
operating procedures of the agency
issuing the procurement policy,
regulation, procedure, or form, or have
a significant administrative impact on
contractors or offerors.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501 and Pub. L. 98–577, and
publication for public comments is not
required. However, the Councils will
consider comments from small entities
concerning the affected FAR Parts 2, 11,
18, 52, and 53, in accordance with 5
U.S.C. 610. Interested parties must
submit such comments separately and
should cite 5 U.S.C. 601, et seq. (FAC
2005–25, FAR case 2006–033), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 2, 11,
18, 52, and 53
Government procurement.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 2, 11, 18, 52 and
53 as set forth below:
I 1. The authority citation for 48 CFR
parts 2, 11, 18, 52 and 53 continues to
read as follows:
I
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Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 2.101 in paragraph
(b)(2) by revising the definition
‘‘National defense’’ to read as follows:
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Definitions.
*
*
*
*
(b) * * *
(2) * * *
National defense means any activity
related to programs for military or
atomic energy production or
construction, military assistance to any
foreign nation, stockpiling, or space,
except that for use in Subpart 11.6, see
the definition in 11.601.
*
*
*
*
*
contracts and orders supporting certain
approved national defense and energy
programs and to allocate materials,
services, and facilities in such a manner
as to promote these approved programs.
(b) The President delegated the
priorities and allocations authorities of
the Defense Production Act in Executive
Order 12919. As part of that delegation,
the President designated the Secretary
of Commerce to administer the DPAS.
For more information, check the DPAS
website at: www.bis.doc.gov/dpas.
PART 11—DESCRIBING AGENCY
NEEDS
11.603
*
3. Revise sections 11.600 through
11.603 to read as follows:
I
11.600
Scope of subpart.
This subpart implements the Defense
Priorities and Allocations System
(DPAS), a Department of Commerce
regulation in support of approved
national defense, emergency
preparedness, and energy programs (see
15 CFR part 700).
11.601
Definitions.
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 (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).
11.602
PART 2—DEFINITIONS OF WORDS
AND TERMS
I
2.101
General.
(a) Under Title I of the Defense
Production Act of 1950 (50 U.S.C. App.
2061, et seq.), the President is
authorized to require preferential
acceptance and performance of
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Procedures.
(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
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Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
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.
11.604
[Amended]
4. Amend section 11.604 by removing
from paragraph (a) the words ‘‘Defense
Use’’ and adding ‘‘Defense, Emergency
Preparedness, and Energy Program Use’’
in its place.
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I
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PART 18—EMERGENCY
ACQUISITIONS
5. Revise section 18.109 to read as
follows:
I
18.109
Priorities and allocations.
21785
Allocations System (DPAS) (15 CFR 700),
and the Contractor will be required to follow
all of the requirements of this regulation.
[Contracting Officer check appropriate box.]
(End of provision)
52.211–15
[Amended]
The Defense Priorities and
Allocations System (DPAS) supports
approved national defense, emergency
preparedness, and energy programs and
was established to facilitate rapid
industrial mobilization in case of a
national emergency. (See Subpart 11.6.)
7. Amend section 52.211–15 by
revising the date of the clause to read
(APR 2008); and by removing from the
clause the words ‘‘defense use’’ and
adding ‘‘defense, emergency
preparedness, and energy program use’’
in its place.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
PART 53—FORMS
6. Amend section 52.211–14 by
revising the section heading, provision
heading and date, and provision to read
as follows:
53.214
I
I
[Amended]
52.211–14 Notice of Priority Rating for
National Defense, Emergency
Preparedness, and Energy Program Use.
8. Amend section 53.214 by removing
from paragraph (a) ‘‘(4/85)’’ and adding
‘‘(APR 2008)’’ in its place; and by
removing from paragraph (d) ‘‘(Rev. 3/
2005)’’ and adding ‘‘(APR 2008)’’ in its
place.
*
53.215–1
*
*
*
*
NOTICE OF PRIORITY RATING FOR
NATIONAL DEFENSE, EMERGENCY
PREPAREDNESS, AND ENERGY PROGRAM
USE (APR 2008)
Any contract awarded as a result of this
solicitation will be [ ] DX rated order; [ ] DO
rated order certified for national defense,
emergency preparedness, and energy
program use under the Defense Priorities and
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I
[Amended]
9. Amend section 53.215–1 by
removing from paragraph (a) ‘‘(Rev. 4/
85)’’ and adding ‘‘(APR 2008)’’ in its
place.
I 10. Revise section 53.301–26 to read
as follows:
I
53.301–26
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22APR3
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11. Revise section 53.301–1447 to
read as follows:
I
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53.301–1447
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Solicitation/Contract.
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21786
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22APR3
21787
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Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations
[FR Doc. E8–8451 Filed 4–21–08; 8:45 am]
BILLING CODE 6820–EP–S
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16:41 Apr 21, 2008
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21788
]]>Agencies
[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21783-21788]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8451]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 11, 18, 52 and 53
[FAC 2005-25; FAR Case 2006-033; Item III; Docket 2008-0001; Sequence
7]
RIN 9000-AK93
Federal Acquisition Regulation; FAR Case 2006-033, Revisions to
the Defense Priorities and Allocations System (DPAS)
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to reflect the
President's delegation of the Defense Production Act's priorities and
allocations authorities in Executive Order 12919, and to reflect the
current provisions of the Defense Priorities and Allocations System
(DPAS) regulations of the Department of Commerce outlined in 15 CFR
Part 700.
DATES: Effective Date: April 22, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, at (202) 219-0202 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-25, FAR case
2006-033.
SUPPLEMENTARY INFORMATION:
A. Background
Under Title I of the Defense Production Act (50 U.S.C. App. 2061,
et seq.), the President is authorized to require preferential
acceptance and performance of contracts or orders supporting certain
approved national defense and energy programs, and to allocate
materials, services, and facilities in such a manner to promote these
approved programs. Additional priorities authority is found in section
18 of the Selective Service Act of 1948 (50 U.S.C. App. 468), 10 U.S.C.
2538, and 50 U.S.C. 82.
The President delegated the priorities and allocations authorities
of the Defense Production Act in E.O. 12919, as amended. The President
has delegated the authority to approve a program for priorities and
allocations support to the Secretaries of Defense, Energy, and Homeland
Security. As part of that delegation, the President designated the
Secretary of Commerce to administer the Defense Priorities and
Allocations System (DPAS). The Defense Production Act authority has
also been extended to support emergency preparedness activities under
Title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended (42 U.S.C. 5195, et seq.), and critical
infrastructure protection and restoration.
The FAR is revised as follows:
Subpart 2.101 revised the definition of ``national
defense'' to include a reference to the DPAS definition, which includes
critical infrastructure protection and restoration.
Subpart 11.6, Priorities and Allocations, is revised to
reflect the President's delegation of the Defense Production Act's
priorities and allocations authorities in Executive Order 12919, and
the current provisions of the DPAS regulations of the Department of
Commerce (see 15 CFR Part 700).
Parts 18 and 52 are revised to include the emergency
acquisition text.
Subpart 53.3 is revised to add changes to Standard Form 26
and 1447.
The Councils are publishing this rule as a final rule without
comment under
[[Page 21784]]
41 U.S.C. 418b, because it implements the President's delegable
authorities outlined in the Defense Production Act in Executive Order
12919, amended, which are not subject to negotiation. The FAR changes
will not have significant effect beyond the internal operating
procedures of the agency issuing the procurement policy, regulation,
procedure, or form, or have a significant administrative impact on
contractors or offerors.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Pub. L. 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Parts 2, 11, 18, 52,
and 53, in accordance with 5 U.S.C. 610. Interested parties must submit
such comments separately and should cite 5 U.S.C. 601, et seq. (FAC
2005-25, FAR case 2006-033), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 2, 11, 18, 52, and 53
Government procurement.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 11, 18, 52 and 53
as set forth below:
0
1. The authority citation for 48 CFR parts 2, 11, 18, 52 and 53
continues to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101 in paragraph (b)(2) by revising the definition
``National defense'' to read as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
National defense means any activity related to programs for
military or atomic energy production or construction, military
assistance to any foreign nation, stockpiling, or space, except that
for use in Subpart 11.6, see the definition in 11.601.
* * * * *
PART 11--DESCRIBING AGENCY NEEDS
0
3. Revise sections 11.600 through 11.603 to read as follows:
11.600 Scope of subpart.
This subpart implements the Defense Priorities and Allocations
System (DPAS), a Department of Commerce regulation in support of
approved national defense, emergency preparedness, and energy programs
(see 15 CFR part 700).
11.601 Definitions.
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 (42 U.S.C. 5195 et seq.) and critical infrastructure protection and
restoration. (50 U.S.C. App. Sec. 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).
11.602 General.
(a) Under Title I of the Defense Production Act of 1950 (50 U.S.C.
App. 2061, et seq.), the President is authorized to require
preferential acceptance and performance of contracts and orders
supporting certain approved national defense and energy programs and to
allocate materials, services, and facilities in such a manner as to
promote these approved programs.
(b) The President delegated the priorities and allocations
authorities of the Defense Production Act in Executive Order 12919. As
part of that delegation, the President designated the Secretary of
Commerce to administer the DPAS. For more information, check the DPAS
website at: www.bis.doc.gov/dpas.
11.603 Procedures.
(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
[[Page 21785]]
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.
11.604 [Amended]
0
4. Amend section 11.604 by removing from paragraph (a) the words
``Defense Use'' and adding ``Defense, Emergency Preparedness, and
Energy Program Use'' in its place.
PART 18--EMERGENCY ACQUISITIONS
0
5. Revise section 18.109 to read as follows:
18.109 Priorities and allocations.
The Defense Priorities and Allocations System (DPAS) supports
approved national defense, emergency preparedness, and energy programs
and was established to facilitate rapid industrial mobilization in case
of a national emergency. (See Subpart 11.6.)
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Amend section 52.211-14 by revising the section heading, provision
heading and date, and provision to read as follows:
52.211-14 Notice of Priority Rating for National Defense, Emergency
Preparedness, and Energy Program Use.
* * * * *
NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY
PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)
Any contract awarded as a result of this solicitation will be [
] DX rated order; [ ] DO rated order certified for national defense,
emergency preparedness, and energy program use under the Defense
Priorities and Allocations System (DPAS) (15 CFR 700), and the
Contractor will be required to follow all of the requirements of
this regulation. [Contracting Officer check appropriate box.]
(End of provision)
52.211-15 [Amended]
0
7. Amend section 52.211-15 by revising the date of the clause to read
(APR 2008); and by removing from the clause the words ``defense use''
and adding ``defense, emergency preparedness, and energy program use''
in its place.
PART 53--FORMS
53.214 [Amended]
0
8. Amend section 53.214 by removing from paragraph (a) ``(4/85)'' and
adding ``(APR 2008)'' in its place; and by removing from paragraph (d)
``(Rev. 3/2005)'' and adding ``(APR 2008)'' in its place.
53.215-1 [Amended]
0
9. Amend section 53.215-1 by removing from paragraph (a) ``(Rev. 4/
85)'' and adding ``(APR 2008)'' in its place.
0
10. Revise section 53.301-26 to read as follows:
53.301-26 Award/Contract.
[[Page 21786]]
[GRAPHIC] [TIFF OMITTED] TR22AP08.000
0
11. Revise section 53.301-1447 to read as follows:
53.301-1447 Solicitation/Contract.
[[Page 21787]]
[GRAPHIC] [TIFF OMITTED] TR22AP08.001
[[Page 21788]]
[GRAPHIC] [TIFF OMITTED] TR22AP08.002
[FR Doc. E8-8451 Filed 4-21-08; 8:45 am]
BILLING CODE 6820-EP-S?>
