DATE: September 16, 2004
SUBJECT: General Services Administration Acquisition Regulation (GSAR) Amendment 2004-02; Defense Priorities and Allocations System
SOURCE: Federal Register, September 16, 2004, Vol. 69, No. 179, page 55933
AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)
ACTION: Final Rule
SYNOPSIS: GSA is adding GSAR Subpart 511.6, Priorities and Allocations, to implement the Defense Priorities and Allocations System (DPAS) within the Federal Supply Service (FSS).
EDITOR'S NOTE: For more on the proposed rule, see the October 15, 2003, FEDERAL CONTRACTS DISPATCH "General Services Administration Acquisition Regulation (GSAR); Defense Priorities and Allocations System."
The GSAR is the shaded part of the GSA Acquisition Manual, which is available on the Internet at http://www.acqnet.gov/GSAM/gsam.html.
EFFECTIVE DATE: September 16, 2004.
FOR FURTHER INFORMATION CONTACT: Gerald Zaffos, 202-208-6091.
SUPPLEMENTAL INFORMATION: Federal Acquisition Regulation (FAR) Subpart 11.6, Priorities and Allocations, implements DPAS, a Department of Commerce (DOC) program that supports the national defense. DOC delegates authority to "delegate agencies" to place priority ratings on contracts and orders that support authorized programs "to require that contracts in support of the national defense be accepted and performed on a preferential or priority basis over all other contracts, and to allocate materials and facilities in such a manner as to promote the national defense." GSA is a delegate agency.
Paragraph (f) of FAR 11.603, Procedures, states, "Contracting officers shall follow agency procedural instructions concerning the use of rated orders in support of agency programs." The FSS issues single award and multiple award Federal Supply Schedule contracts. These contracts are not rated orders as defined by DPAS but occasionally an order placed against one of these Federal Supply Schedule contracts is a rated order.
On October 15, 2003, GSA published a proposed rule that would add a new GSAR Subpart 511.X, Priorities and Allocations, to provide GSA contracting officers with the required specific guidance, and would require the use of a new clause, GSAR 552.211-XX, Defense Priorities and Allocations System Requirements, which explains to schedule contractors their obligations under DPAS. The only comments received on the proposed rule were editorial changes recommended by DOC. Therefore, the proposed rule is adopted as final with minor changes, such as specifying http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm as the website with the list of delegate agencies, approved programs, and program identification symbols.
The following are the key provisions of the new GSAR Subpart 511.6:
"(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.
"(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..."
In addition, GSAR 552.211-15, Defense Priorities and Allocations System Requirements, is required to be included in single and multiple award Federal Supply Schedule solicitations and resultant contracts except where the contract is wholly for products, materials, or services excluded from DPAS applicability. GSAR 552.211-15 summarizes the provisions of GSAR Subpart 511.6.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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