[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Proposed Rules]
[Pages 59510-59512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26024]
[[Page 59509]]
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Part III
General Services Administration
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48 CFR Parts 511 and 552
General Services Administration Acquisition Regulation; Defense
Priorities and Allocations System; Proposed Rule
Federal Register / Vol. 68, No. 199 / Wednesday, October 15, 2003 /
Proposed Rules
[[Page 59510]]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 511 and 552
[GSAR Case No. 2003-G502]
RIN 3090-AH88
General Services Administration Acquisition Regulation; Defense
Priorities and Allocations System
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Proposed rule.
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SUMMARY: The General Services Administration (GSA) is proposing to
amend the General Services Administration Acquisition Regulation (GSAR)
to implement the Defense Priorities and Allocations System (DPAS)
within the GSA Federal Supply Service (FSS).
DATES: Interested parties should submit comments to the Regulatory
Secretariat at the address shown below on or before November 14, 2003,
to be considered in the formulation of a final rule.
ADDRESSES: Submit written comments to--
General Services Administration, Regulatory Secretariat (MVA),
1800 F Street, NW., Room 4035, Attn: Ms. Laurie Duarte, Washington,
DC 20405.
Submit electronic comments via the Internet to [email protected].
Please submit comments only and cite 2003-G502 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat at (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 GSAR case 2003-
G502.
SUPPLEMENTARY INFORMATION:
A. Background
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.
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.
B. Executive Order 12866
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.
C. Regulatory Flexibility Act
GSA does not expect this proposed rule to 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.) An Initial Regulatory Flexibility Analysis has, therefore, not
been performed. GSA will consider comments from small entities
concerning the affected GSAR subparts 511 and 552 in accordance with 5
U.S.C. 610. Interested parties must submit such comments separately and
should cite GSAR case 2003-502, in correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
change to the GSAR does 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 511 and 552
Government procurement.
Dated: October 7, 2003.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy.
Therefore, GSA proposes to amend 48 CFR parts 511 and 552 as set
forth below:
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
2. Subpart 511.X is added to read as follows:
Subpart 511.X--PRIORITIES AND ALLOCATIONS
Sec.
511.X00 Scope of subpart.
511.X01 Definitions.
511.X02 General.
511.X03 Procedures.
511.X04 Solicitation provision and contract clause.
511.X00 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.X01 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. See Schedule 1 of 15 CFR part 700 for a list of
Delegate Agencies, approved programs, and program identification
symbols at http://www.bxa.doc.gov/ DefenseIndustrial BasePrograms /
OSIES/DPAS/Default.htm.
Authorized person means a Delegate Agency, or other entity either
permitted under 15 CFR part 700, or explicitly authorized by Department
of Commerce to issue DPAS rated orders.
Delegate Agency means an agency of the U.S. Government authorized
by delegation from Department of Commerce to place priority ratings on
contracts or orders needed to support approved programs.
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.
Rated Order means a delivery or task order placed by a Delegate
Agency
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under the provisions of the Defense Priorities and Allocations System
in support of an approved program and which requires preferential
treatment as necessary to meet delivery requirements. This includes
orders placed by the contractor to subcontractors or suppliers for
required products, materials, and services resulting from such orders.
511.X02 General.
(a) The purpose of the Defense Priorities and Allocations System 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 Department of Commerce to administer the DPAS.
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 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 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 Delegation.
(f) Executive Order 12919 defines the jurisdictional limitations as
set forth in 15 CFR 700.18(b).
511.X03 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 part 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 part 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 Delegation 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)(i) A statement that reads substantially as follows:
(ii) ``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.X04 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 part 700.18).
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Add section 552.211-XX to read as follows:
552.211-XX Defense Priorities and Allocations System Requirements.
As prescribed at 511.X04, insert the following clause:
Defense Priorities and Allocations System Requirements (Date)
(a) Definitions. Approved Program means a program determined to
be necessary or appropriate for priorities and allocations support
to promote the national defense (see Schedule 1 of 15 CFR part 700
for a list of Delegate Agencies, approved programs, and program
identification symbols.)
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.
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.
Rated order means, for the purpose of this contract, a delivery
or task order placed by a Delegate Agency under the provisions of
the DPAS in support of an approved program and which requires
preferential treatment as necessary to meet delivery requirements.
This includes orders placed by the Contractor to subcontractors or
suppliers for required products, materials, and services resulting
from such orders.
(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
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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 other and take preference over unrated
orders. All ``DX'' rated orders 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 web site www.bxa.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Def ault.htm or by
contacting the designated Administrative Contracting Officer.
(End of clause)
[FR Doc. 03-26024 Filed 10-14-03; 8:45 am]
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