Overview
This section prescribes the specific provision and clause that contracting officers must include in solicitations and contracts when the acquisition is designated as a rated order under the Defense Priorities and Allocations System (DPAS).
Key Rules
- Solicitation Requirement: Contracting officers must insert the provision at 52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use, in any solicitation that will result in a rated order.
- Contract Requirement: Contracting officers must insert the clause at 52.211-15, Defense Priority and Allocation Requirements, in all contracts that are designated as rated orders.
- Scope: These requirements apply to orders supporting national defense, emergency preparedness, and energy program use.
Practical Implications
- These clauses legally notify contractors that they must prioritize the government's order over commercial or unrated orders to ensure timely delivery of critical goods and services.
- Contractors must follow the priority rules established by the Department of Commerce or other relevant agencies when these provisions are present in the contract.