[Federal Register: September 16, 2004 (Volume 69, Number 179)]
[Rules and Regulations]
[Page 55933-55936]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se04-19]
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Part V
General Services Administration
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48 CFR Parts 511 and 552
General Services Administration Acquisition Regulation; Defense
Priorities and Allocations System; Final Rule
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 511 and 552
[GSAR Amendment 2004-02; GSAR Case 2003-G502; Change 10]
RIN 3090-AH88
General Services Administration Acquisition Regulation; Defense
Priorities and Allocations System
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) to
implement the Defense Priorities and Allocations System (DPAS) within
the GSA Federal Supply Service (FSS).
DATES: Effective Date: September 16, 2004.
FOR FURTHER INFORMATION CONTACT: Ms. Laurie Duarte, Regulatory
Secretariat (V), Room 4035, GS Building, Washington, DC, 20405, (202)
501-4225, for information pertaining to status or publication
schedules. For clarification of content, contact Mr. Gerald Zaffos,
Procurement Analyst, at (202) 208-6091. Please cite Amendment 2004-02,
GSAR case 2003-G502.
SUPPLEMENTARY INFORMATION:
A. Background
Federal Acquisition Regulation (FAR) Subpart 11.6 implements the
Defense Priorities and Allocations System (DPAS), a Department of
Commerce (DOC) regulation in support of the national defense (see 15
CFR part 700). The DOC delegates authority to Delegate Agencies to
place priority ratings on contracts and orders that support authorized
programs. GSA is a Delegate Agency.
A proposed rule was published in the Federal Register at 68 FR
59510, October 15, 2003. No comments were received from the public.
However, DOC submitted editorial changes that have been adopted in
part.
FAR 11.603(f) instructs agencies to provide contracting officers
with specific guidance on the issuance of rated orders. The GSA Federal
Supply Service issues single award and multiple award Federal Supply
Schedule contracts.These contracts are not rated orders as defined by
DPAS.However, from time to time, an order placed against one of these
schedule contracts may be a rated order. This rule would provide GSA
contracting officers with the required specific guidance by adding a
new subpart to the GSAR. The rule also requires the use of a clause
that explains to schedule contractors their obligations under DPAS.
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 General Services Administration certifies that this final rule
will not have a significant economic impact on a substantial number of
small entities within the meaning of the Regulatory Flexibility Act, 5
U.S.C. 601, et seq., because the rule primarily provides instructions
for GSA contracting officers on including a contract clause in Federal
Supply Schedules and information on placing DPAS rated orders.
Contractors are already required to give priority to DPAS rated orders
under Title I of the Defense Production Act of 1950, as amended (50
U.S.C. App. 2061, et seq.). A Final Regulatory Flexibility Act Analysis
was, therefore, not performed.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or otherwise collect information from offerors,
contractors, or members of the public that require approval of the
Office of Management and Budget under 44 U.S.C.3501, et seq.
List of Subjects in 48 CFR Parts 511 and 552
Government procurement.
Dated: September 8, 2004.
David A. Drabkin,
Deputy Chief Acquisition Officer,Office of the Chief Acquisition
Officer.
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Therefore, GSA amends 48 CFR parts 511 and 552 as set forth below:
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1. The authority citation for 48 CFR parts 511 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 511--DESCRIBING AGENCY NEEDS
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2. Add subpart 511.6, consisting of sections 511.600 through 511.604,
to read as follows:
Subpart 511.6--Priorities and Allocations
Sec
511.600 Scope of subpart.
511.601 Definitions.
511.602 General.
511.603 Procedures.
511.604 Solicitation provision and contract clause.
511.600 Scope of subpart.
FAR Subpart 11.6 implements the Defense Priorities and Allocations
System (DPAS), a Department of Commerce (DOC) regulation (15 CFR part
700) to assure timely delivery of industrial resources (products,
materials, and services) in support of approved national defense,
energy, and civil emergency preparedness (Homeland Security) programs.
Pursuant to DPAS Delegation 3, DOC delegated GSA the authority to use
the DPAS in support of the GSA Federal Supply system. This subpart
implements the DPAS within GSA.
511.601 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 Department of Homeland Security Under Secretary for Emergency
Preparedness and Response 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. See
Schedule 1 of 15 CFR part 700 for a list of Delegate Agencies, approved
programs, and program identification symbols at http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm
.
Authorized person means a Delegate Agency, or other entity either
permitted under 15 CFR part 700, or explicitly authorized by DOC to
issue DPAS rated orders.
Defense Priorities and Allocations System (DPAS) means the
regulation published at 15 CFR part 700 that requires preferential
treatment for certain contracts and orders placed by a Delegate Agency
in support of an approved program.
Delegate Agency means an agency of the U.S. Government authorized
by delegation from DOC to place priority ratings on contracts or orders
needed to support approved programs.
Rated order means a prime contract, a subcontract, a purchase
order, or a delivery or task order in support of an approved program
issued in accordance with the provisions of the DPAS regulation (15 CFR
part 700).
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511.602 General.
(a) The purpose of the DPAS is to assure the timely availability of
industrial resources to meet current national defense, energy, and
civil emergency preparedness program requirements and to provide an
operating system to support rapid industrial response in a national
emergency. The primary statutory authority for the DPAS is Title I of
the Defense Production Act of 1950, as amended, with additional
authority from the Selective Service Act of 1948, and the Robert T.
Stafford Disaster Relief and Emergency Assistance Act. Executive Orders
12919 and 12742 delegate this authority to the DOC to administer the
DPAS.The DOC is further authorized to redelegate to heads of other
departments and agencies (Delegate Agencies) authority under the DPAS
for the priority rating of contracts and orders in support of approved
programs. Within the DOC, the Office of Strategic Industries and
Economic Security (SIES) is assigned the implementation,
administration, and compliance responsibilities for the system.
(b) The DPAS is published in the Code of Federal Regulations at 15
CFR part 700. This regulation provides an overview, a detailed
explanation of operations and procedures, and other implementing
guidance, including information on special priorities assistance and
compliance.
(c) Orders placed under DPAS are ``rated orders.'' Rated orders
must receive preferential treatment only as necessary to meet delivery
requirements. Rated orders are identified by a rating symbol of either
``DX'' or ``DO'' followed by a program identification symbol. 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 orders
and unrated orders. A program identification symbol indicates which
approved program is supported by the rated order.
(d) Only authorized persons may place an order containing a DPAS
priority rating.
(e) Within GSA, the Federal Supply Service (FSS) has been delegated
the authority to issue rated orders to meet approved national defense,
energy, and civil emergency preparedness program requirements of the
supply distribution program. The Commissioner, FSS, shall issue
additional guidance, as may be necessary, to ensure effective
implementation of its delegated DPAS authority, such as the exclusions
listed in paragraph F(2) of the 1998 DOC DPAS Delegation 3.
(f) Executive Order 12919 defines the jurisdictional limitations as
set forth in 15 CFR 700.18(b).
511.603 Procedures.
(a) A DPAS rating may be placed against an entire contract at time
of award or an individual order issued under an existing, otherwise
unrated, contract.
(b) When a DPAS rating is placed against an entire contract, the
contracting officer must include the clause and provision prescribed at
FAR 11.604, as well as the elements listed in paragraphs (c)(1) through
(c)(3) of this section (see 15 CFR 700.12).
(c) When a DPAS rating is placed against an individual order issued
under an existing, otherwise unrated, contract, the order must include
the following elements (see 15 CFR 700.12):
(1) The appropriate priority rating symbol (i.e., either ``DO'' or
``DX'') along with the program identification symbol. As required by
the 1998 DOC DPAS Delegation 3 to GSA, when GSA contracting officers
place DO rated orders, they will use program identification symbol K1.
When placing a DX rated order for other agencies, GSA contracting
officers will use the requesting agency program identification symbol.
When a Delegate Agency places its own orders, it uses its own program
identification symbol. (See Schedule 1 of 15 CFR part 700 for a listing
of Delegate Agencies, approved programs, and program identification
symbols.)
(2) A required delivery date. The words ``as soon as possible'' or
``immediately'' do not constitute a required delivery date. A specific
date or a specified number of days ARO (after receipt of order) is
acceptable.
(3) The written signature on a manually placed order, or the
digital signature or name on an electronically placed order of an
individual authorized to place rated orders.
(4) A statement that reads substantially as follows:
``This is a rated order certified for national defense use, and you
are required to follow all the provisions of the Defense Priorities and
Allocations System regulation (15 CFR part 700).''
(d) Multiple and Single Award Schedule contracts are not rated at
time of award. Individual DPAS rated orders must include the elements
listed in paragraphs (c)(1) through (c)(4) of this section.
511.604 Solicitation provision and contract clause.
The contracting officer must insert in full text the clause at
552.211-15, Defense Priorities and Allocations System Requirements, in
Single and Multiple Award Schedule solicitations and resultant
contracts, except where the contract is wholly for products, materials,
or services excluded from DPAS applicability (see 15 CFR 700.18).
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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3. Add section 552.211-15 to read as follows:
552.211-15 Defense Priorities and Allocations System Requirements.
As prescribed at 511.604, insert the following clause:
DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM REQUIREMENTS (SEPT. 2004)
(a) Definitions.
Approved program means a program determined to be necessary or
appropriate for priorities and allocation support to promote the
national defense by the Secretary of Defense, the Secretary of
Energy, or the Department of Homeland Security Under Secretary for
Emergency Preparedness and Response 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. See Schedule 1 of 15 CFR part 700 for a list of
Delegate Agencies, approved programs, and program identification
symbols at http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm
).
Defense Priorities and Allocations System (DPAS) means the
regulation published at 15 CFR part 700 that requires preferential
treatment for certain contracts and orders placed by a Delegate
Agency in support of an approved program.
Delegate Agency means an agency of the U.S. Government
authorized by delegation from the Department of Commerce (DOC) to
place priority ratings on contracts or orders needed to support
approved programs.
Rated order means, for the purpose of this contract, a delivery
or task order issued in accordance with the provisions of the DPAS
regulation (15 CFR part 700).
(b) Rated Order Requirement. From time to time, the Contractor
may receive a rated order under this contract from a Delegate
Agency. The Contractor must give preferential treatment to rated
orders as required by the Defense Priorities and Allocations System
(DPAS) regulation (15 CFR part 700). The existence of previously
accepted unrated or lower rated orders is not sufficient reason to
reject a rated order. Rated orders take preference over all unrated
orders as necessary to meet required delivery dates. There are two
levels of ratings designated by the symbol of either ``DO'' or
``DX.'' All ``DO'' rated orders have equal priority with each
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other and take preference over unrated orders. All ``DX'' rated
orders have equal priority with each other and take preference over
``DO'' rated orders and unrated orders. The rating designation is
followed by a program identification symbol. Program identification
symbols indicate which approved program is supported by the rated
order (see Schedule 1 of 15 CFR part 700 for a list of Delegate
Agencies, approved programs, and program identification symbols).
(c) Additional information. Additional information may be
obtained at the DOC DPAS website http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm
or by
contacting the designated Administrative Contracting Officer.
[FR Doc. 04-20848 Filed 9-15-04; 8:45 am]
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