19981 9 Official Fema Dpas Manual Attachment I
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SUBCHAPTERA-NATIONAL SECURITY INDUSTRIAL BASE
REGULATIONS
PART 70eDEFENSE PRlORlTlES
AND ALLOCATIONS SYSTEM
700.55 Assistance p r o g r a m s w i t h Canada a n d
o t h e r nations.
Subpart I-fficial
Subpart A-Purpose
Sec.
700.1 P u r p o s e of t h i s r e g u l a t i o n .
700.60
700.61
700.62
700.63
G e n e r a l provisions.
Rating Authorizations.
Directives.
L e t t e r s of Understanding.
Subpart W v e r v i e w
700.2 I n t r o d u c t i o n .
700.3 P r i o r i t y r a t i n g s a n d r a t e d orders.
700.4 P r i o r i t i e s arid a l l o c a t i o n s i n a n a tional emergency.
700.5 S p e c i a l p r i o r i t i e s a s s i s t a n c e .
700.6 Official a c t i o n s .
700.7 Compliance.
Subpart C-Definitions
700.8 Definitions.
Subpart D-Industrial Priorities
700.10 Delegation of a u t h o r i t y .
700.11 P r i o r i t y r a t i n g s .
700.12 E l e m e n t s of a r a t e d o r d e r .
700.13 A c c e p t a n c e a n d r e j e c t i o n of r a t e d o r d~rs.
700.14 P r e f e r e n t i a l scheduling.
700.15 E x t e n s i o n of p r i o r i t y r a t i n g s .
700.16 Changes o r c a n c e l l a t i o n s of p r i o r i t y
r a t i n g s a n d r a t e d orders.
700.17 Use of r a t e d orders.
700.18 L i m i t a t i o n s o n placing r a t e d orders.
Subpart E-Industrial Priorities for Energy
Programs
700.20 Use of p r i o r i t y r a t i n g s .
700.21 Application f o r p r i o r i t y r a t i n g a u
thority.
Subpart +National emergency
Preparedness and Critical Items
700.30 P r i o r i t i e s a n d a l l o c a t i o ~ l s in a n a tionaI emergency.
700.31 M e t a l w o r k i n g m a c h i n e s .
Subpart G [Reserved]
Subpart H-Special Priorities Assistance
700.50 G e n e r a l provisions.
700.51 R e q u e s t s for p r i o r i t y r a t i n g a u t h o r ity.
700.52 E x a m p l e s of a s s i s t a n c e .
700.53 C r i t e r i a for a s s i s t a n c e .
700.54 I n s t a n c e s w h e r e a s s i s t a n c e m a y n o t
be provided.
Actions
Subpart J--Compliance
General provisions.
Audits and investigations.
Compulsory process.
Notification of f a i l u r e t o c o m p l y .
Violations, p e n a l t i e s , a n d remedies.
Compliance conflicts.
Subpart K-Adjustments, Exceptions, and
Appeals
700.80 A d j u s t m e n t s o r exceptions.
700.81 Appeals.
Subpart 1-Miscellaneous Provisions
700.90 P r o t e c t i o n a g a i n s t claims.
700.91 Records a n d r e p o r t s .
700.92 Applicability of this regulation
official a c t i o n s .
700.93 C o m m u n i c a t i o n s .
and
PART 700-APPR0VED
GRAMS A N D DF.LEGA'~E
AGENCIES
APPENDIXI TO PART 700-FORM BIS-999-REQUEST FOR SPECIAL PRIORITIESASSISTANCE
SCHEDU1-E
AUTHORITY: T i t l e s I a n d VII of t h e Defense
P r o d u c t i o n A c t of 1950. a s a m e n d e d (50 U.S.C.
App. 2061, e t seq.), T i t l e VI of t h e R o b e r t T .
S t a f f o r d D i s a s t e r Relief a n d E m e r g e n c y Ass i s t a n c e Act (42 U.S.C. 5195 el seq.). Executive
Order 12919. 59 P R 29525, 3 C F R , 1994 Comp.
901. a n d E x e c u t i v e Order 13286, 68 F R 10619. 3
C F R , 2003 Comp. 166; s e c t i o n 18 of t h e Select i v e S e r v i c e A c t of 1948 (50 U.S.C. App. 468).
10 U.S.C. 2538. 50 U.S.C. 82, and Executive
Order 12742, 56 F R 1079, 3 C F R , 1991 Comp. 309:
a n d E x e c u t i v e Order 12656, 53 F R 226, 3 C F R ,
1988 Comp 585.
SOURCE: 49 F R 30414, J u I y 30. 1984, unless
o t h e r w i s e noted. Redesignated a t 54 F R 601,
J a n . 9. 1989.
Subpart A-Purpose
# 700.1 Purpose of this regulation.
(a) T i t l e I of t h e Defense Production
Act of 1950, a s amended (50 U.S.C. App.
2061, et seq.) (Defense Production Act),
15 CFR Ch. VII (1-1-08 Edition)
authorizes the President: t o require the
priority performance of contracts and
orders necessary or appropriate t o promote t h e national defense over other
contracts or orders: t o allocate materials, services, and facilities as necessary or appropriate t o promote the
national defense; and t o require the allocation of, or the priority performance
under contracts or orders relating to,
supplies of materials, equipment, and
services in order t o assure domestic energy supplies for national defense
needs.
(b) Section 18 of t h e Selective Service
Act of 1948 (50 U.S.C. app. 468) (Selective Service Act) authorizes the President t o place an order with a supplier
for any articles or materials required
for the exclusive use of t h e U.S. armed
forces whenever the President determines that in the interest of national
security, prompt delivery of the articles and materials is required. The supplier must give precedence t o the order
so as t o deliver the articles or materials in a required time period. 10
U.S.C. 2538, and 50 U.S.C. 82, provide
similar authority specifically for Department of Defense procurement, but
only in time of war or when war is imminent.
(c) Section 602(b) of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5195a(b)) provides t h a t t h e terms "national defense" and "defense" as used
in the Defense Production Act includes
"emergency preparedness activities"
conducted pursuant t o Title VI of the
Stafford Act. The definition of "national defense" in section 702(14) of the
Defense Production Act provides t h a t
this term includes "emergency preparedness activities" conducted pursuant t o Title VI of the Stafford Act and
"critical infrastructure protection and
restoration."
(d) The Defense Priorities and Allocations System (DPAS) regulation implements the priorities and allocations
authority of the Defense Production
Act and a s this authority pertains t o
Title VI of the Stafford Act, and the
priorities authority of the Selective
Service Act and related statutes, all
with respect to industrial resources.
The DPAS ensures the timely availability of industrial resources for ap-
proved programs and provides an operating system t o support rapid industrial response t o a national emergency.
(e) To aid in understanding and using
the DPAS, an overview of its major
provisions is incorporated into this
regulation as subpart B-Overview. The
full text of t h e DPAS is found in subparts D through L.
149 FR 30414, J u l y 30. 1984. Redesignated a t 54
FR 601. J a n . 9. 1989. a s amended a t 63 FR
31921, J u n e 11. 1998; 71 FR 39527. J u l y 13, 20061
Subpart B-verview
9 700.2 Introduction.
(a) Certain national defense and energy programs (including emergency
preparedness activities) are approved
for priorities and allocations support.
For example, military aircraft production, ammunition, and certain programs which maximize domestic energy supplies are "approved programs."
A complete list of currently approved
programs is provided a t Schedule I t o
this part.
(b) The Department of Commerce administers the DPAS t o ensure the
timely delivery of industrial items t o
meet approved program requirements.
(c) Commerce has delegated authorities t o place priority ratings on contracts or orders necessary or appropriate to promote the national defense
t o the government agencies t h a t issue
such contracts or orders. Schedule I includes a list of agencies delegated this
authority.
[49 FR 30414. J u l y 30. 1984. Redesignated a t 54
FR 601, J a n . 9, 1989. as amended a t 63 FR
31921, J u n e 11, 1998; 71 FR 39527. J u l y 13. 20061
9700.3 Priority ratings and rated orders.
(a) Rated orders are identified by a
priority rating consisting of the rating-either DX or DO-and a program
identification symbol. Rated orders
take preference over all unrated orders
a s necessary t o meet required delivery
dates. Among rated orders. DX rated
orders take preference over DO rated
orders. Program identification symbols
Bureau of Industry and Security, Commerce
indicate which approved program is involved with the rated order. For example, A1 identifies defense aircraft programs and A7 signifies defense electronic programs. The program identification symbols, in themselves, do not
connote any priority.
(b) Persons receiving rated orders
must give them preferential treatment
a s required by this regulation. This
means a person must accept and fill a
rated order for items that the person
normally supplies. The existence of
previously accepted unrated or lower
rated orders is not sufficient reason for
rejecting a rated order. Persons are required to reschedule unrated orders if
they conflict with performance against
a rated order. Similarly, persons must
reschedule DO rated orders if they conflict with performance against a DX
rated order.
(c) All rated orders must be scheduled t o the extent possible t o ensure
delivery by t h e required delivery date.
(d) Persons who receive rated orders
must in turn place rated orders with
their suppliers for the items they need
t o fill t h e orders. This provision ensures t h a t suppliers will give priority
treatment t o rated orders from contractor t o subcontractor t o suppliers
throughout the procurement chain.
(e) Persons may place a priority rating on orders only when they are in receipt of a rated order, have been explicitly authorized t o do so by the Department of Commerce or a Delegate Agency, or are otherwise permitted to do so
by this regulation.
[49 F R 30414. J u l y 30, 1984. R e d e s i g n a t e d a t 54
F R 601, J a n . 9. 1989. a s a m e n d e d a t 63 F R
31921, J u n e 1 1 . 19981
9 700.4 Priorities and allocations in a
national emergency.
(a) In the event of a national emergency, special rules may be established
a s needed t o supplement this part, thus
ensuring rapid industrial response and
the timely availability of critical industrial items and facilities t o meet
the urgent national defense requirements, including domestic emergency
preparedness requirements, of approved
programs.
(b) The special rules established in
response t o t h e emergency may include
provisions for the taking of certain
5 700.7
emergency official actions and the allocation of critical and scarce materials and facilities.
[63 F R 31921, J u n e 1 1 . 19981
9 700.5 Special priorities assistance.
(a) The DPAS is designed t o be largely self-executing. However, from timeto-time production or delivery problems will arise. In this event, special
priorities assistance is available from
Commerce and from the Delegate
Agencies.
(b) Special priorities assistance is
available for any reason consistent
with this regulation. Generally, special
priorities assistance is provided t o expedite deliveries, resolve delivery conflicts, place rated orders, locate suppliers, or t o verify information supplied by customers and vendors. Special priorities assistance may also be
used to request rating authority for
items not automatically ratable.
1700.6 Official actions.
When necessary, Commerce takes
specific official actions t o implement
or enforce the provisions of this regulation and t o provide special priorities
assistance. Such actions may include
the issuance of: Rating Authorizations,
Directives, Letters of Understanding,
Set-asides, and compliance documents
(Administrative Subpoenas. Demands
for Information. and Inspection Authorizations).
9 700.7 Compliance.
(a) Compliance with the provisions of
this regulation and official actions is
required by the Defense Production Act
and the Selective Service Act and related statutes. Violators are subject t o
criminal penalties.
(b) Any person who places or receives
a rated order should be thoroughly familiar with, and must comply with, the
provisions of this regulation.
[49 F R 30414. J u l y 30, 1984. Redesignated a t 54
F R 601, J a n . 9, 1989. a s a m e n d e d a t 63 F R
31921, J u n e 1 1 . 19981
15 CFR Ch. VII (1-1-08 Edition)
wear and tear, damage, or failure of
parts.
5 700.8 Definitions.
(c) Operating supplies are any items
In addition t o the definitions pro- carried a s operating supplies according
vided in Section 702 of the Defense Pro- t o a person's established accounting
duction Act (excepting the definition practice. Operating supplies may inof "industrial resources") and Section clude hand tools and expendable tools,
602(a) of the Stafford Act. the following jigs, dies, fixtures used on production
definitions pertain t o all sections of equipment, lubricants, cleaners, chemithis part:
cals and other expendable items.
Approved program. A program deter(d) MRO does not include items promined as necessary or appropriate for duced or obtained for sale t o other perpriorities and allocations support to sons or for installation upon or attachpromote the national defense by t h e ment t o the property of another perSecretary of Defense, the Secretary of son, or items required for the producEnergy, or the Secretary of Homeland tion of such items; items needed for the
Security, under the authority of the replacement of any plant, facility, or
Defense Production Act, the Stafford
equipment; or items for t h e improveAct, and Executive Order 12919, or the
Selective Service Act and related stat- ment of any plant, facility, or equipment by replacing items which are still
utes and Executive Order 12742.
Construction. 'The erection, addition, in working condition with items of a
extension, or alteration of any build- new or different kind, quality, or deing, structure, or project, using mate- sign.
Oficial action. An action taken by
rials or products which are t o be a n integral and permanent part of the build- Commerce under the authority of the
ing, structure, or project. Construction Defense Production Act, the Selective
does not include maintenance and re- Service Act and related statutes, and
this regulation. Such actions include
pair.
Delegate Agency. A government agen- t h e issuance of Set-asides, Rating Aucy authorized by delegation from the thorizations. Directives, Letters of UnDepartment of Commerce t o place pri- derstanding. Demands for Information,
ority ratings on contracts or orders Inspection Authorizations, and Adminneeded t o support approved programs.
istrative Subpoenas.
Defense Production Act. the Defense
Perso-any
individual, corporation.
Production Act of 1950, as amended (50 partnership, association, or any other
U.S.C. App. 2061, et seq.).
organized group of persons, or legal
materials, successor or representative thereof; or
Industrial resources-all
services, and facilities, including con- any authorized State or local governstruction materials, the authority for ment or agency thereof; and for purwhich has not been delegated t o other poses of administration of this part, inagencies under Executive Order 12919. cludes the United States Government
This term also includes the term and any authorized foreign government
"item" as defined and used in this part. or agency thereof, delegated authority
Item. Any raw, in process, or manufactured material, article, commodity, as provided in this part.
Production equipment. Any item of
supply, equipment, component, accessory, part, assembly, or product of any capital equipment used in producing
kind. technical information, process, materials or furnishing services t h a t
has a unit acquisition cost of $2,500 or
or service.
Maintenance and repair and operating more, an anticipated service life in excess of one year, and the potential for
supplies (MRO):
(a) Maintenance is the upkeep nec- maintaining its integrity as a capital
essary t o continue any plant, facility, item.
Rated order. A prime contract, a subor equipment in working condition.
(b) Repair is the restoration of any contract, or a purchase order in supplant, facility, or equipment t o work- port of an approved program issued in
ing condition when i t has been ren- accordance with the provisions of this
dered unsafe or unfit for service by regulation.
Subpart C-Definitions
Bureau of Industry and Security, Commerce
Selective Service Act and related statutes-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.
Set-aside. The amount of an item for
which a supplier must reserve order
book space in anticipation of the receipt of rated orders.
Stafford Act--Title VI (Emergency
Preparedness) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, a s amended (42 U.S.C. 5195 et
seq.).
[49 F R 30414. July 30, 1984; 49 F R 50172. Dec.
27, 1984. Redesignated a t 54 F R 601. J a n . 9.
1989. a s amended a t 63 F R 31921. J u n e 11. 1998;
71 FR 39528. J u l y 13, 20061
Subpart D-Industrial
Priorities
1 700.10 Delegation of authority.
(a) The priorities and allocations authorities of the President under Title I
of the Defense Production Act with respect t o industrial resources have been
delegated t o the Secretary of Commerce under Executive Order 12919 of
June 3. 1994 (59 FR 29525). The priorities
authorities of the President under the
Selective Service Act and related s t a t utes with respect t o industrial resources have also been delegated t o the
Secretary of Commerce under Executive Order 12742 of January 8, 1991 (56
FR 1079).
(b) Within the Department of Commerce, these responsibilities have been
assigned t o the Office of Strategic Industries and Economic security. The
Department of Commerce has authorized the Delegate Agencies t o assign
priority ratings t o orders for items
needed for approved programs.
[49 F R 30414. J u l y 30, 1984. Redesignated a t 54
FR 601, J a n . 9. 1989. a s amended a t 63 F R
31922. .June 11, 1998; 71 FR 39528, J u l y 13, 20061
1700.11 Priority ratings.
(a) Levels ofpriority. (1) There are two
levels of priority established by this
regulation, identified by the rating
symbols "DO" and "DX".
(2) 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. (For
Q 700.12
resolution of conflicts among rated orders of equal priority. see §700.14(c).)
(3) In addition, a Directive issued by
Commerce takes preference over any
DX rated order, DO rated order, or
unrated order, a s stipulated in the Directive. (For a full discussion of Directives. see 5700.62.)
(b) Program identification symbols. Program identification symbols indicate
which approved program is being supported by a rated order. The list of approved programs and their identification symbols are listed in Schedule I.
For example. A1 identifies defense aircraft programs and A7 signifies defense
electronic programs. Program identification symbols, in themselves, do not
connote any priority.
(c) Priority ratings. A priority rating
consists of the rating symbol-DO and
DX-and
the program identification
symbol, such as Al. C2, or N1. Thus, a
contract for the production of an aircraft will contain a DO-A1 or DX-A1
priority rating. A contract for a radar
set will contain a DO-A7 or DX-A7 priority rating.
[49 F R 30414. July 30, 1984. Redesignated a t 54
F R 601. .Jan. 9. 1989. a s amended a t 63 F R
31922. J u n e 11. 1998; 71 F R 39528. J u l y 13. 20061
1700.12 Elements of a rated order.
Each rated order must include:
(a) The appropriate priority rating
(e.g. DO-Al, DX-A4, DO-HI);
(b) A required delivery date or dates.
The words "immediately" or "as soon
as possible" do not constitute a delivery date. A "requirements contract",
"basic ordering agreement", "prime
vendor contract", or similar procurement document bearing a priority rating may contain no specific delivery
date or dates and may provide for the
furnishing of items from time-to-time
or w i t h i n a stated period against specific purchase orders, such a s "calls".
"requisitions", and "delivery orders".
These purchase orders must specify a
required delivery date or dates and are
t o be considered a s rated a s of the date
of their receipt by the supplier and not
as of the date of the original procurement document;
(c) The written signature on a manually placed order, or the digital signature or name on an electronically
9700.13
placed order, of an individual authorized t o sign rated orders for the person
placing the order. The signature or use
of the name certifies t h a t the rated
order is authorized under this part and
that the requirements of this part are
being followed; and
(d) A statement that reads in substance:
This i s a rated order certified for national
defense use, and you a r e required t o follow
all t h e provisions of t h e Defense Priorities
and Allocations System regulation (15 CFR
part 700).
[49 FR 30414. J u l y 30. 1984. Redesignated a t 54
FR 601. J a n . 9. 1989. a s amended a t 63 FR
31922, J u n e 11. 19981
1700.13 Acceptance and rejection of
rated orders.
(a) Mandatory acceptance. (1) Except
a s otherwise specified in this section, a
person sllall accept every rated order
received and must fill such orders regardless of any other rated or unrated
orders that have been accepted.
(2) A person shall not discriminate
against rated orders in any manner
such as by charging higher prices or by
imposing different terms and conditions than for comparable unrated orders.
(b) Mandatory rejection. Unless otherwise directed by Commerce:
(1) A person shall not accept a rated
order for delivery on a specific date if
unable t o fill t h e order by that date.
However, t h e person must inform the
customer of the earliest date on which
delivery can be made and offer t o accept the order on t h e basis of that date.
Scheduling conflicts with previously
accepted lower rated or unrated orders
are not sufficient reason for rejection
under this section.
(2) A person shall not accept a DO
rated order for delivery on a date
which would interfere with delivery of
any previously accepted DO or DX
rated orders. However, the person must
offer t o accept the order based on the
earliest delivery date otherwise possible.
(3) A person shall not accept a DX
rated order for delivery on a date
which would interfere with delivery of
any previously accepted DX rated orders, but must offer to accept the order
15 CFR Ch. VII (1-1-08 Edition)
based on the earliest delivery date otherwise possible.
(4) If a person is unable t o fill all the
rated orders of equal priority status received on the same day, the person
must accept, based upon the earliest
delivery dates, only those orders which
can be filled, and reject the other orders. For example, a person must accept order A requiring delivery on December 15 before accepting order B requiring delivery on December 31. However, the person must offer t o accept
the rejected orders based on the earliest delivery dates otherwise possible.
(c) Optional rejection. Unless otherwise directed by Commerce, rated orders may be rejected in any of the following cases a s long as a supplier does
not discriminate among customers:
(1) If the person placing the order is
unwilling or unable to meet regularly
established terms of sale or payment;
(2) If the order is for an item not supplied or for a service not performed:
(3) If the order is for an item produced, acquired, or provided only for
the supplier's own use for which no orders have been filled for two years
prior to the date of receipt of the rated
order. If, however, a supplier has sold
some of these items, the supplier is obligated t o accept rated orders up to
t h a t quantity or portion of production,
whichever is greater, sold within the
past two years;
(4) If the person placing the rated
order, other than the U.S. Government,
makes the item or performs the service
being ordered;
(5) If acceptance of a rated order or
performance against a rated order
would violate any other regulation, official action, or order of the Department of Commerce issued under the authority of the Defense Production Act
or the Selective Service Act and related statutes [See S 700.751.
(d) Customer notification requirements.
(1) A person must accept or reject a
rated order and transmit the acceptance or rejection in writing (hard
copy), or in electronic format, within
fifteen (15) working days after receipt
of a DO rated order and within ten (10)
working days after receipt of a DX
rated order. If the order is rejected, the
person must also provide the reasons
Bureau of Industry and Security, Commerce
for t h e rejection, pursuant t o paragraphs (b) and (c) of this section, in
writing (hard copy) or electronic format.
(2) If a person has accepted a rated
order and subsequently finds t h a t shipment or performance will be delayed,
the person must notify the customer
immediately, give the reasons for t h e
delay, and advise of a new shipment or
performance date. If notification is
given verbally, written or electronic
confirmation must be provided within
five (5) working days.
(The information collection requirements in
paragraphs (d)(l) and (d)(2) are approved by
the Office of Management and Budget under
OMB control number 0694-0053)
[49 FR 30414, J u l y 30. 1984. Redesignated a t 54
FR 601, J a n . 9, 1989, a s amended a t 63 FR
31922. J u n e 11. 1998: 70 FR 10864, Mar. 7, 20051
6 700.14 Preferential scheduling.
(a) A person must schedule operations, including t h e acquisition of all
needed production items, in a timely
manner t o satisfy the delivery requirements of each rated order. Modifying
production or delivery schedules is necessary only when required delivery
dates for rated orders cannot otherwise
be met.
(b) DO rated orders must be given
production preference over unrated orders, if necessary t o meet required delivery dates, even if this requires the
diversion of items being processed or
ready for delivery against unrated orders. Similarly. DX rated orders must
be given preference over DO rated orders and unrated orders.
Exanlples: If a person receives a DO rated
order with a delivery date of June 3 and if
meeting t h a t date would mean delaying production or delivery of an item for a n unrated
order, the unrated order must be delayed. I f
a DX rated order is received calling for delivery on July 15 and a person has a DO rated
order requiring delivery on June 2 and operations can be scheduled t o meet both deliveries, there is 110 need t o a l t e r production
schedules t o give any additional preference
t o the DX rated order.
(c) Conflicting rated orders. (1) If a person finds t h a t delivery or performance
against any accepted rated orders conflicts with the delivery or performance
against other accepted rated orders of
equal priority s t a t u s , t h e person shall
5 700.15
give preference t o the conflicting orders in t h e sequence in which they are
t o be delivered or performed (not to the
receipt dates). If t h e conflicting rated
orders are scheduled t o be delivered or
performed on the same day, t h e person
shall give preference t o those orders
which have the earliest receipt dates.
(2) If a person is unable t o resolve
rated order delivery or performance
conflicts under this section, the person
should promptly seek special priorities
assistance as provided in 55700.50
through 700.54. If t h e person's customer
objects to the rescheduling of delivery
or performance of a rated order, the
customer should promptly seek special
priorities assistance as provided in
55700.50 through 700.54. For any rated
order against which delivery or performance will be delayed, t h e person
must notify t h e customer as provided
in 5700.13(d)(2).
(d) If a person is unable t o purchase
needed production items in time to fill
a rated order by its required delivery
date, t h e person must fill the rated
order by using inventoried production
items. A person who uses inventoried
items t o fill a rated order may replace
those items with t h e use of a rated
order as provided in §700.17(b).
[49 FR 30414, J u l y 30. 1984. Redesignated a t 54
FR 601. J a n . 9. 1989. a s atiiended a t 63 FR
31922, June 1 1 , 19981
6 700.15 Extension of priority ratings.
(a) A person must use rated orders
with suppliers t o obtain items needed
t o fill a rated order. The person must
use the priority rating indicated on t h e
customer's rated order, except as otherwise provided in this regulation or a s
directed by t h e Department of Commerce.
For example, if a person is in receipt of a
DO-A3 rated order for a navigation system
and needs t o purchase semiconductors for its
mar~ufacture,t h a t person must use a DO-A3
rated order t o obtain the needed semiconductors.
(b) The priority rating must be included on each successive order placed
to obtain items needed t o fill a customer's rated order. This continues
from contractor t o subcontractor to
supplier throughout the entire procurement chain.
15 CFR Ch. VII (1-1-08 Edition)
0 700.16 Changes or cancellations of
priority ratings and rated orders.
(a) The priority rating on a rated
order may be changed or cancelled by:
(1) An official action of the Department of Commerce; or
(2) Written notification from t h e person who placed the rated order (including a Delegate Agency).
(b) If an unrated order is amended so
as t o make i t a rated order, or a DO,
rating is changed t o a DX rating, t h e
supplier must give the appropriate
preferential treatment t o the order a s
of t h e date the change is received by
the supplier.
(c) An amendment t o a rated order
that significantly alters a supplier's
original production or delivery schedule shall constitute a new rated order
a s of the date of its receipt. The supplier must accept or reject the amended order according t o the provisions of
S700.13.
(d) The following amendments do not
constitute a new rated order: a change
in shipping destination; a reduction in
t h e total amount of t h e order; an increase in the total amount of the order
which has negligible impact upon deliveries; a minor variation in size or design; or a change which is agreed upon
between the supplier and the customer.
(e) If a person no longer needs items
t o fill a rated order, any rated orders
placed with suppliers for the items, or
the priority rating on those orders.
must be cancelled.
(f) When a priority rating is added to
an unrated order, or is changed or cancelled, all suppliers must be promptly
notified in writing.
0 700.17 Use of rated orders.
(a) A person must use rated orders t o
obtain:
(1) Items which will be physically incorporated into other items t o fill
rated orders, including that portion of
such items normally consumed, or converted into scrap or by-products, in the
course of processing;
(2) Containers or other packaging
materials required t o make delivery of
the finished items against rated orders:
(3) Services, other than contracts of
employment, needed t o fill rated orders; and
(4) MRO needed t o produce the finished items t o fill rated orders. However, for MRO, the priority rating used
must contain the program identification symbol H7 along with t h e rating
symbol contained on the customer's
rated order. For example, a person in
receipt of a DO-A3 rated order, who
needs MRO, would place a DO-H7 rated
order with the person's supplier.
(b) A person may use a rated order t o
replace inventoried items (including
finished items) if such items were used
t o fill rated orders, as follows:
(1) The order must be placed within
90 days of the date of use of the inventory.
(2) A DO rating syn~boland t h e program identification symbol indicated
on the customer's rated order must be
used on the order. A DX rating symbol
may not be used even if the inventory
was used to fill a DX rated order.
(3) If t h e priority ratings on rated orders from one customer or several customers contain different program identification symbols, the rated orders
may be combined. In this case, the program identification symbol H1 must be
used (i.e.. DO-HI).
(c) A person may combine DX and DO
rated orders from one customer or several customers if the items covered by
each level of priority are identified separately and clearly. If different program identification symbols are indicated on those rated orders of equal
priority, the person must use the program identification symbol H1 (i.e.,
DO-HI or DX-HI).
(d) Con~biningrated and unrated orders. (1) A person may combine rated
and unrated order quantities on one
purchase order provided that:
(i) The rated quantities are separately and clearly identified; and
(ii) The four elements of a rated
order, a s required by S700.12, are included on the order with the statement
required in §700.12(d) modified to read
in substance:
-
T h i s purchase order c o n t a i n s r a t e d order
q u a n t i t i e s certified for n a t i o n a l defense use,
and y o u a r e required t o follow a l l t h e provisions of t h e Defense P r i o r i t i e s and Allocat i o n s S y s t e m regulation (15 CFR p a r t 700)
only a s i t pertains t o the rated quantities.
(2) A supplier must accept or reject
t h e rated portion of the purchase order
Bureau of Industry and Security, Commerce
as provided in 5700.13 and give preferential tr'eatment only to t h e rated
quantities as required by this part.
This part may not be used t o give preferential treatment t o the unrated portion of the order.
(3) Any supplier who believes t h a t
rated and unrated orders are being
combined in a manner contrary t o the
intent of this regulation o r in a fashion
t h a t causes undue or exceptional hardship may submit a request for adjustment o r exception under S700.80.
A person may place a rated
for the minimum c O m m e r c i a l l ~proquantity even if the quantity
needed t o fill a rated order is less than
that minimum'
a person
must combine rated orders as provided
in paragraph (c) of this section, if possible, t o obtain minimum procurable
quantities.
(' A
is not required
'laceless
a
priority
rating
on a n order for
than $50.000, o r one half of the Federal
Acquisition Regulation (FAR) Simplified Acquisition Threshold (see FAR
2.101). whichever amount is larger, provided t h a t delivery can be obtained in
a timely fashion without the use of the
priority rating.
I49 FR 30414. J u l y 30, 1984. Redesignated a t 54
FR 601. J a n . 9. 1989. a s amended a t 63 FR
31923. J u n e 11. 19981
Limitations on placing rated
orders.
(a) General limitations. (1) A person
may not place a DO 0' DX rated order
unless entitled to do so under this regulation.
t2) Rated
may
be used
obtain:
(i) Delivery on a date earlier than
needed;
(ii) A greater quantity of the item
than needed, except to obtain a minimum procurable quantity. Separate
rated orders may not be placed solely
for the purpose of obtaining minimum
procurable quantities on each order;
(iii) Items in advance of the receipt
of a rated order, except a s specifically
authorized by Commerce (see S 700.51(c)
for information on obtaining authorization for a priority rating in advance
of a rated order); o r
(iv) Any of the following items unless
specific priority rating authority has
8700.18
Q 700.18
been obtained from a Delegate Agency
or Commerce:
(A) Items for plant improvement, expansion or construction, unless they
will be physically incorporated into a
construction project covered by a rated
order; and
(B) Production or construction equipmentor items to be used for the manu.
facture of production equipment, [ F ~
information on requesting priority rating authority, see 5700.51.1
(v) Any items related t o the development of chemical or biological warfare
capabilities o r the production of themical or biological weapons unless such
development or
has been
authorized by the President or the Secretary of Defense,
(b) Jurisdictior~limitations. (1) The priorities and allocations authority for
certain items have been delegated
under Executive Orders 12919 and 12742.
~
~ ~ ~ O , " ~ ~ ~ , " ~ ~ e u ~ ~ " , ~ f i ~ d ~ & t ~
agencies.
agreed
the concerned agencies, the provisions
of this part are not applicable t o these
items which include:
(i) Food resources, food resource facilities, and the domestic distribution
of farm equipment and commercial fer.
tilizer (
~
~ of ~~ ~ ~~
i~ ~
(The Department of Agriculture and
the Department
have
agreed t h a t the Department of Defense
may place rated contracts and orders
for food resources i n support of troops,
including but not limited to, meals
ready to eat (MREs), ..tray-packsw (Trations). A-rations, and B-rations);
(ii) All forms of energy, including
radioisotopes, stable isotopes, source
material, and special nuclear material
produced in Government-owned plants
o r facilities operated by or for the Department of Energy (Department
Energy):
(iii) Health resources (Department of
Health and Human Services);
( i ~ All
)
forms of civil transportation
(Department of Transportation);
(v) Water resources (Department of
Defense1U.S. Army Corps of Engineers);
and
(vi) Communications services (National Communications System under
Executive Order 12472 of April 3, 1984).
93
t~
l~ t
~
~
~~ ~
15 CFR Ch. VII (1-1-08 Edition)
(2) The jurisdiction of t h e Department of Commerce and t h e Departments of Energy and Agriculture over
certain specific items included in the
categories listed above has been clarified by Interagency Memoranda of Understanding.
(3) The following items under t h e jurisdiction of Commerce a r e currently
excluded from t h e rating provisions of
this regulation; however, these items
are subject t o Commerce Directives.
These excluded items are:
Copper raw materials
Crushed stone
Gravel
Sand
Scrap
Slag
Steam heat, central
Waste paper
[49 FR 30414, July 30, 1984. Redesignated a t 54
FR 601. Jan. 9, 1989. a s amended a t 63 FR
31923, J u n e 11. 1998; 7 1 FR 39528, July 13. 20061
Subpart E-Industrial Priorities for
Energy Programs
8 700.20 Use of priority ratings.
(a) Section 101(c) of t h e Defense Production Act authorizes t h e use of priority ratings for projects which maximize domestic energy supplies.
(b) Projects which maximize domestic energy supplies include those which
maintain or further domestic energy
exploration, production, refining, and
transportation; maintain o r further the
conservation of energy; o r a r e involved
in the construction or maintenance of
energy facilities.
8 700.21 Application for priority rating
authority.
(a) For projects believed t o maximize
domestic energy supplies, a person may
request priority rating authority for
scarce, critical, and essential supplies
of materials, equipment, and services
(related t o t h e production of materials
or equipment, o r the installation, repair, or maintenance of equipment) by
submitting DOE Form PR 437 t o the
Department of Energy. Blank applications and further information may be
obtained from t h e U.S. Department of
Energy, Office of Clearance and Support, FieldIHeadquarters Support Division, Forrestal Building, 1000 Independ-
ence Avenue, S.W.. Washington, D.C.
20585: Attn.: PR-132.
(b) On receipt of t h e application, t h e
Department of Energy will:
(1) Determine if the project maximizes domestic energy supplies: and
(2) Find whether the materials,
equipment, or services involved in the
application are critical and essential t o
t h e project.
(c) If the Department of Energy notifies Commerce t h a t t h e project maximizes domestic energy supplies and
t h a t t h e materials, equipment, or services are critical and essential, Commerce must find whether the items in
question are scarce and whether there
is a need t o use t h e priorities and allocations authorities.
(1) Scarcity implies a n unusual difficulty in obtaining the materials.
equipment, or services in a timeframe
consistent with t h e timely completion
of t h e energy project. Among the factors t o be used in making t h e scarcity
finding will be t h e following:
(i) Value and volume of material or
equipment shipments;
(ii) Consumption of material and
equipment;
(iii) Volume and market trends of
imports and exports;
(iv) Domestic and foreign sources of
supply;
(v) Normal levels of inventories;
(vi) Rates of capacity utilization;
(vii) Volume of new orders; and
(viii) Lead times for new orders.
(2) In finding whether there is a need
t o use the priorities and allocations authorities, Commerce will consider alternative supply solutions and other
measures.
(d) If Commerce does not find t h a t
the items of materials, equipment, or
services are scarce, i t will not proceed
t o analyze the need t o use t h e priorities and allocations authorities.
(e) Commerce will inform t h e Department of Energy of the results of i t s
analysis. If Commerce has made the
two required findings, i t will authorize
the Department of Energy t o grant t h e
use of a priority rating to t h e applicant.
(f) Schedule I includes a list of approved programs t o support t h e maximization of domestic energy supplies.
A Department of Energy regulation
Bureau of Industry and Security, Commerce
setting forth the procedures and criteria used by the Department of Energy in making its determination and
findings is published in 10 CFR part 216.
149 FR 30414, July 30. 1984. Redesignated at 54
FR 601, J ~ 9,~ 1989,
,
as amended
31923. June 11. 19981
at 63 FR
Subpart F-National Emergency
Preparedness and Critical Items
SOURCE:
63 FR 31923, June 11. 1998, unless
otherwise noted.
1700.30 Priorities and allocations in a
national emergency.
(a) In the event of a national emergency, special rules may be established
as needed t o supplement this part, thus
ensuring rapid industrial response and
the timely availability of critical industrial items and facilities t o meet
the urgent national defense requirements, including domestic emergency
preparedness requirements, of approved
programs.
(1) Emergency official actions. (i) As
needed, this part may be supplemented
t o include additional definitions t o
cover civilian emergency preparedness
industrial items, support for essential
civilian programs, and provisions for
the taking of certain emergency official actions under sections §5700.60
through 700.63.
(ii) Emergency official actions may
include:
(A) Controlling inventories of critical
and scarce defense andlor emergency
preparedness items;
(B) Restricting the purchase, use, or
distribution of critical and scarce defense andlor emergency preparedness
items, or the use of production or distribution facilities, for non-essential
purposes; and
(C) Converting the production or distribution of non-essential items t o the
production or distribution of critical
and scarce defense andlor emergency
preparedness items.
(2) Allocation of critical and scarce
items and facilities. (i) As needed, this
part may be supplemented t o establish
special rules for the allocation of
scarce and critical items and facilities
t o ensure the timely availability of
these items and facilities for approved
programs, and to provide for an equi-
95
5 700.3 1
table and orderly distribution of requirements for such items among all
suppliers of the items. These rules may
provide ror the allocation of individual
Or they may be
direct general industrial activity as required in support of emergency requirements.
(ii) Allocation rules (i.e., controlled
materials programs) were established
in response t o previous periods of national- security emergency such a s
world war 11 and the Korean Conflict,
The basic elements of the controlled
materials programs were the set-aside
(the amount of an item for which a producer or supplier must reserve order
book space in anticipation of the receipt of rated orders), the production
directive (requires a producer t o supply
a specific quantity, size, shape, and
type of an item within a specific time
period), and the allotment (the maximum quantity of an item authorized
for use in a specific program or application). These elements can be used t o
assure the availability of any scarce
and critical item for approved programs. Currently, a set-aside applies
only to metalworking machines (see
5700.31).
(3) In the event t h a t certain critical
items become scarce, and approved program requirements for these items cannot be met without creating a significant dislocation in the civilian market
place so as to create appreciable hardship. Commerce may establish special
rules under section 101(b) of the Defense Production Act t o control the
general distribution of such items in
the civilian market.
(b) [Reserved]
(63 FR 31923. June 11. 1998. as amended at 71
FR 39528. July 13. 20061
9 700.31 Metalworking machines.
(a) "Metalworking machines" include power driven, manual or automatic, metal cutting and metal forming machines and complete machines
not supported in the hands of an operator when in use. Basic machines with
a list price of $2,500 or less are not covered by this section.
(b) Metalworking machines covered
by this section include:
Bending and forming n~achines
15 CFR Ch. VII (1-1-08 Edition)
Q 700.50
Boring machines
~ r o a c r h i nmachines
~
Drilling and tapping machines
Electrical discharge, ultrasonic and chemical erosion machines
Forging machinery and hammers
Gear c u t t i n g and finishing machines
Grinding machines
Hydraulic and pneumatic presses, power
driven
Machining centers and way-type machines
Manual presses
Mechanical presses, power driver)
Milling machines
Miscellaneous machine tools
Miscellaneous secondary metal forming and
c u t t i n g machines
Planers and shapers
Polishing, lapping, boring. and finishing m a chines
Punching and shearing machines
Riveting machines
Saws and filing machines
Turning machines, lathes, including automatic
Wire and metal ribbon forming machines
(c) A metalworking machine producer is not required t o accept DO
rated orders calling for delivery in any
month of a total quantity of any size of
machine in excess of 60 percent of
scheduled production of that size of
machine for that month, or anv DO
rated orders received less than t h r e e
months prior to the beginning of the
month for which deliverv is requested.
However, DX rated orders must be accepted without regard to a set-aside or
t h e lead time, if delivery can be made
by the required date.
[49 FR 30414. J u l y 30. 1984. Redesignated a t 54
FR 601, J a n . 9 1989. F u r t h e r redesignated a t
63 FR 31924. J u n e 11. 19981
Subpart G [Resewed]
Subpart H-Special Priorities
Assistance
$700.50 General provisions.
(a) The DPAS is designed to be largely self-executing. However, i t is anticipated that from time-to-time problems
will occur. In this event, a person
should immediately contact the appropriate contract administration officer
for guidance or assistance. If additional
formal aid is needed, special priorities
assistance should be sought from the
Delegate Agency through the contract
administration officer. If the Delegate
Aeencv
is unable t o resolve the rob"
lem or to authorize the use of a priority rating and believes additional assistance is warranted, the Delegate
Agency may forward the request t o the
Department of Commerce for action.
Special priorities assistance is a service provided t o alleviate problems t h a t
do arise.
(b) Special priorities assistance can
be provided for any reason in support
of this regulation, such as assisting in
obtaining timely deliveries of items
needed t o satisfy rated orders or authorizing the use of priority ratings on
orders t o obtain items not automatically ratable under this regulation.
(c) A request for special priorities assistance or priority rating authority
must be submitted on Form BIS-999
(OMB control number 0694-0057) to the
local contract administration representative. Form BIS-999 may be obtained from the Delegate Agency representative or from the Department of
Commerce. A sample Form BIS-999 is
attached a t Appendix I.
3
[49 FR 30414, J u l y 30, 1984: 49 FR 50171. Dec.
27. 1984. Redesignated a t 54 FR 601. J a n . 9.
1989. a s amended a t 63 FR 31924. J u n e 11. 19981
$700.51 Requests for priority rating
authority.
(a) If a rated order is likely t o be delayed because a person is unable t o obtain items not normally rated under
this regulation, the person may request
the authority t o use a priority rating
~ ~ ~ ~ ; ~ r t ~ h ~ ~ ~ ~ ~ ~ ~ ~ ; a f ~ n a g ~ $ ,
b;
be authorized include:
( I ) Production or construction equipment:
(2) Computers when not used as production items: and
(3) Expansion, rebuilding or replacing
plant facilities.
(b) Rating authority for production or
construction equipment. (I) A request for
priority rating authority for production or construction equipment must
be submitted t o the appropriate Delegate Agency. The Delegate Agency
may establish particular forms to be
used for these requests (e.g.. Department of Defense Form DD 691.)
(2) When the use of a priority rating
is authorized for the procurement of
production or construction equipment,
Bureau of Industry and Security, Commerce
a rated order may be used either t o
purchase or to lease such equipment.
However, in the latter case, the equipment may be leased only from a person
engaged in the business of leasing such
equipment or from a person willing t o
lease rather than sell.
(c) Rating authority in advance o f a
rated prime contract. (1) In certain cases
and upon specific request, Commerce,
in order t o promote the national defense, may authorize a person t o place
a priority rating on an order t o a supplier in advance of the issuance of a
rated prime contract. In these instances, the person requesting advance
rating authority must obtain sponsorship of the request from the appropriate Delegate Agency. The person
shall also assume any business risk associated with the placing of rated orders if these orders have to be cancelled in the event the rated prime contract is not issued.
(2) The person must state the following in the request:
I t is understood t h a t t h e authorization of a
priority rating in advance of our receiving a
rated prime contract from a Delegate Agenc y and our use of t h a t priority rating with
o u r suppliers in no way commits t h e Delegate Agency, t h e Department of Commerce
o r a n y other government agency t o e n t e r
into a contract or order o r t o expend funds.
F u r t h e r , we understand t h a t t h e Federal
Government shall not be liable for a n y cancellation charges, termination costs, o r
o t h e r damages t h a t may accrue if a rated
prime contract is n o t eventuaIly placed and,
a s a result, we m u s t subsequently cancel orders placed with t h e use of t h e priority r a t ing authorized a s a result of t h i s request.
(3) In reviewing requests for rating
authority in advance of a rated prime
contract, Commerce will consider,
among other things, the following criteria:
(i) The probability t h a t the prime
contract will be awarded;
(ii) The impact of the resulting rated
orders on suppliers and on other authorized programs:
(iii) Whether the contractor is the
sole source;
(iv) Whether the item being produced
has a long lead time;
(v) The political sensitivity of the
project; and
(vi) The time period for which the
rating is being requested.
Q 700.54
(4) Commerce may require periodic
reports on the use of the rating authority granted under paragraph ( c ) of this
section.
(5) If a rated prime contract is not
issued, the person shall promptly notify all suppliers who have received
rated orders pursuant to the advanced
rating authority t h a t the priority rating on those orders is cancelled.
9 700.52 Examples of assistance.
(a) While special priorities assistance
may be provided for any reason in support of this regulation, i t is usually
provided in situations where:
(1) A person is experiencing difficulty
in obtaining delivery against a rated
order by the required delivery date; or
(2) A person cannot locate a supplier
for an item needed t o fill a rated order.
(b) Other examples of special priorities assistance include:
(1) Ensuring t h a t rated orders receive
preferential treatment by suppliers:
(2) Resolving production or delivery
conflicts between various rated orders;
(3) Assisting in placing rated orders
with suppliers;
(4) Verifying the urgency of rated orders; and
(5) Determining the validity of rated
orders.
9 700.53 Criteria for assistance.
Requests for special priorities assistance should be timely, i.e.. the request
has been submitted promptly and
enough time exists for the Delegate
Agency or Commerce t o effect a meaningful resolution t o the problem, and
must establish that:
(a) There is an urgent need for the
item; and
(b) The applicant has made a reasonable effort t o resolve the problem.
9 700.54 Instances where assistance
will not be provided.
Special priorities assistance is provided a t the discretion of the Delegate
Agencies and Commerce when i t is determined that such assistance is warranted to meet the objectives of this
regulation. Examples where assistance
may not be provided include situations
when a person is attempting to:
(a) Secure a price advantage;
15 CFR Ch. VII (1-1-08 Edition)
(b) Obtain delivery prior t o t h e t i m e
required t o fill a rated order;
(c) Gain competitive advantage;
(d) Disrupt a n industry apportionm e n t program i n a m a n n e r designed t o
provide a person w i t h a n unwarranted
s h a r e of s c a r c e i t e m s ; o r
(e) Overcome a supplier's regularly
established t e r m s of s a l e o r conditions
of doing business.
[49 FR 30414. July 30. 1984. Redesignated at 54
F R 601. Jan. 9, 1989. as amended a t 63 F R
31924,
June 11, 19981
5 700.55 Assistance programs
Canada and other nations.
with
(a) T o promote m i l i t a r y assistance t o
foreign n a t i o n s , t h i s section provides
for authorizing priority r a t i n g s t o pers o n s in Canada and i n o t h e r foreign nat i o n s t o o b t a i n i t e m s in t h e United
S t a t e s in s u p p o r t of approved prog r a m s . Although priority r a t i n g s have
no legal a u t h o r i t y outside of t h e
United S t a t e s , t h i s section a l s o provides information o n how persons i n
t h e United S t a t e s m a y o b t a i n informal
assistance i n Canada, I t a l y , T h e Netherlands, Sweden, and t h e United Kingd o m in s u p p o r t of approved programs.
(b) Canada. (1) T h e j o i n t U.S.-Canadian m i l i t a r y a r r a n g e m e n t s for t h e defense of N o r t h America a n d t h e i n t e grated n a t u r e of t h e i r defense indust r i e s as s e t f o r t h in t h e US-Canadian
Statement o f Principles for Economic Cooperation (October 26. 1950) require
close coordination a n d t h e establishm e n t of a m e a n s t o provide m u t u a l assistance t o t h e defense industries located in b o t h countries.
(2) T h e D e p a r t m e n t of Commerce coo r d i n a t e s w i t h t h e Canadian Public
Works a n d Government Services Cana d a o n all m a t t e r s of m u t u a l concern
r e l a t i n g t o t h e a d m i n i s t r a t i o n of t h i s
regulation.
(3) Any person in t h e United S t a t e s
ordering defense i t e m s in Canada in
s u p p o r t of a n approved program should
inform t h e Canadian supplier t h a t t h e
i t e m s being ordered a r e t o be used t o
fill a rated order. T h e Canadian supplier should be informed t h a t if product i o n m a t e r i a l s a r e needed from t h e
United S t a t e s by t h e supplier o r t h e
supplier's vendor t o fill t h e order, t h e
supplier o r vendor should c o n t a c t t h e
Canadian Public Works a n d Govern-
m e n t Services Canada, for a u t h o r i t y t o
place r a t e d orders i n t h e United S t a t e s :
P u b l i c Works and Government Services
Canada. Acquisitions Branch. Business
Management Directorate, P h a s e 3.
P l a c e d u P o r t a g e . Level OAl, 11 L a u r i e r
S t r e e t , Gatineau, Quebec. KIA OS5,
Canada: telephone: (819) 956-6825; Fax:
(819) 956-7827.
(4) Any person i n Canada producing
defense iterns for t h e Canadian governm e n t m a y a l s o o b t a i n priority r a t i n g
a u t h o r i t y for iterns t o be purchased in
t h e United S t a t e s by applying t o t h e
Canadian Public Works a n d Governm e n t Services Canada, Acquisitions
Branch. Business Management Direct o r a t e , in accordance w i t h i t s procedures.
(5) Persons in Canada needing special
priorities assistance in o b t a i n i n g defense i t e m s in t h e United S t a t e s m a y
apply t o t h e Canadian Public Works
and Government Services Canada, Acquisitions Branch, Business Managem e n t Directorate, for s u c h assistance.
Public Works and Government Services
Canada will forward appropriate req u e s t s t o t h e U.S. D e p a r t m e n t of Commerce.
(6) Any person in t h e United S t a t e s
requiring assistance in o b t a i n i n g i t e m s
in Canada m u s t s u b m i t a request
t h r o u g h t h e Delegate Agency t o Commerce on F o r m BIS-999. Commerce will
forward appropriate requests t o t h e Canadian Public Works a n d Government
Services Canada.
(c) Foreign nations. (1) Any person in
a foreign n a t i o n o t h e r t h a n Canada requiring assistance in obtaining defense
i t e m s in t h e United S t a t e s o r p r i o r i t y
r a t i n g a u t h o r i t y for defense i t e m s t o
be purchased in t h e United S t a t e s ,
should s u b m i t a request for s u c h assista n c e o r r a t i n g a u t h o r i t y t o t h e Office
of t h e Deputy Under S e c r e t a r y of Defense (Industrial Policy): Office of t h e
Deputy Under S e c r e t a r y of Defense (Industrial Policy), 3330 Defense Pent a g o n , Washington, DC 20301: telephone: (703) 697-0051; Fax: (703) 695-4277.
(i) If t h e end product is being acquired by a U.S. government agency,
t h e request should be s u b m i t t e d t o t h e
Office of t h e Deputy Under S e c r e t a r y
of Defense (Industrial Policy) through
t h e U.S. c o n t r a c t a d m i n i s t r a t i o n representative.
5 706.70
Bureau of Industry and Security, Commerce
(ii) If the end product is being acquired by a foreign nation, t h e request
must be sponsored prior t o i t s submission to the Office of the Deputy Under
Secretary of Defense (Industrial Policy) by t h e government of t h e foreign
nation that will use the end product.
(2) If the DeDartment of Defense endorses t h e req;est, i t will be forwarded
t o Commerce for appropriate action.
(d) Requesting assistance in Italy. The
Netherlands, Sweden, and the United
Kingdom.
(1) The U.S. Department of Defense
has entered into bilateral security of
supply arrangements with Italy, The
Netherlands, Sweden, and t h e United
Kingdom t h a t allow t h e U.S. Department of Defense t o request t h e priority
delivery for U.S. Department of Defense contracts, subcontracts, and orders from companies in these countries.
(2) Any person in t h e United S t a t e s
requiring assistance in obtaining t h e
priority delivery of a contract, subcontract, or order in I t a l y , T h e Netherlands, Sweden, or t h e United Kingdom
t o support a n approved program should
contact t h e Office of t h e Deputy Under
Secretary of Defense (Industrial Policy) for assistance. Persons in Italy,
The Netherlands, Sweden, and t h e
United Kingdom should request assistance in accordance with 5 700.55(c)(1).
[49 F R 30414, J u l y 30, 1984. Redesignated a t 54
F R 601. J a n . 9. 1989. a s a m e n d e d a t 63 F R
31924. J u n e 1 1 , 1998; 71 F R 39528. J u l y 13. 2006:
71 F R 54904. S e p t . 20, 20061
Subpart I--Official Actions
9 700.60 General provisions.
(a) Commerce may, from time-totime, t a k e specific official actions t o
implement or enforce t h e provisions of
t h i s regulation.
(b) Several of these official actions
(Rating Authorizations, Directives, and
Letters of Understanding) a r e discussed
in this subpart. Other official actions
which pertain to compliance (Administrative Subpoenas, Demands for Information, and Inspection Authorizations)
a r e discussed in 5 700.71 (c).
[49 F R 30414. J u l y 30, 1984. Redesignated a t 54
F R 601. J a n . 9, 1989. a s a m e n d e d a t 71 F R
39528, J u l y 13. 20061
$700.61 RatingAuthorizations.
(a) A Rating Authorization is a n official action granting specific priority
rating authority that:
Permits a person
place a prio r i t y rating on a n order for an item not
normally ratable under t h i s regulation;
or
(2) Authorizes a person t o modify a
priority rating on a specific order or
series of contracts or orders.
(b) T o request priority rating authori t y , see 5700.51.
9:700.62 Directives.
(a) A Directive is an official action
which requires a person t o t a k e or refrain from taking certain actions in accordance with i t s provisions.
(b) A person must comply with each
Directive issued. However, a person
may not use or extend a Directive t o
obtain any items from a supplier, unless expressly authorized t o do so in
t h e Directive.
(c) Directives t a k e precedence over
all DX rated orders, DO rated orders.
and unrated orders previously or subsequently received, unless a contrary instruction appears in t h e Directive.
9 700.63 Letters of Understanding.
(a) A Letter of Understanding is a n
official action which may be issued in
resolving special priorities assistance
cases to reflect a n agreement reached
by all parties (Commerce, t h e Delegate
Agency, the supplier, and t h e customer).
(b) A L e t t e r of Understanding is not
used t o a l t e r scheduling between rated
orders, t o authorize t h e use of priority
ratings, t o impose restrictions under
t h i s regulation, or t o t a k e other official actions. Rather, Letters of Understanding a r e used t o confirm production or shipping schedules which do not
require modifications t o other rated orders.
Subpart J--Compliance
1700.70 General provisions.
(a) Compliance actions may be t a k e n
for any reason necessary or appropriate
t o t h e enforcement o r t h e administration of t h e Defense Production Act, t h e
15 CFR Ch. VII (1-148 Edition)
Selective Service Act and related s t a t utes, this regulation, or an official action. Such actions include audits, investigations, o r other inquiries.
(b) Any person who places or receives
a rated order should be thoroughly familiar with, and must comply with, the
provisions of this regulation.
(c) Willful violation of any of the provisions of Title I o r section 705 of the
Defense Production Act, this regulation, o r an official action of the Department of Commerce, i s a criminal
a c t , punishable as provided in the Defense Production Act and as s e t forth
in 5700.74 of t h i s regulation.
149 FR 30414, J u l y 30, 1984. Redesignated a t 54
FR 601. J a n . 9, 1989. a s amended at 63 FR
31924. J u n e 1 1 . 19981
3 700.71 Audits and investigations.
(a) Audits and investigations are official examinations of books, records,
documents, other writings and information t o ensure t h a t t h e provisions of
t h e Defense Production Act, the Selective Service Act and related statutes,
this regulation, and official actions
have been properly followed. An audit
or investigation may also include
interviews and a systems evaluation to
detect problems o r failures in the implementation of this regulation.
(b) When undertaking an audit, investigation, o r other inquiry, the Department of Commerce shall:
(1) Define t h e scope and purpose in
t h e official action given to the person
under investigation, and
(2) Have ascertained t h a t t h e information sought or other adequate and
authoritative data are not available
from any Federal or other responsible
agency.
(c) In administering this regulation,
Commerce may issue the following documents which constitute official actions:
(1) Administrative Subpoenas. An Administrative Subpoena requires a person to appear a s a witness before an official designated by the Department of
Commerce t o testify under oath on
matters of which t h a t person has
knowledge relating t o the enforcement
or t h e administration of the Defense
Production Act, the Selective Service
Act and related statutes, this regulation, o r official actions. An Adminis-
trative Subpoena may also require the
production of books, papers, records.
documents and physical objects o r
property.
(2) Demand for Information. A Demand
for Information requires a person to
furnish to a duly authorized representative of the Department of Commerce
any information necessary or appropriate to t h e enforcement or the administration of the Defense Production
Act, the Selective Service Act and related statutes, this regulation, or official actions.
(3) Inspection Authorizations. An Inspection Authorization requires a person t o permit a duly authorized representative of Commerce t o interview
t h e person's employees or agents, to inspect books, records, documents, other
writings and information in the person's possession or control a t the place
where t h a t person usually keeps them.
and t o inspect a person's property
when such interviews and inspections
are necessary or appropriate t o the enforcement or the administration of the
Defense Production Act, the Selective
Service Act and related statutes, this
regulation, or official actions.
(d) The production of books, records,
documents, other writings and information will not be required a t any
place other than where they are usually kept if, prior t o the return date
specified in the Administrative Subpoena or Demand for Information, a
duly authorized official of Commerce is
furnished with copies of such material
t h a t are certified under oath t o be true
copies. As an alternative, a person may
enter into a stipulation with a duly authorized official of Commerce as to t h e
content of t h e material.
(e) An Administrative Subpoena, Demand for Information, or Inspection
Authorization, shall include t h e name,
title or official position of the person
t o be served, the evidence sought to be
adduced, and i t s general relevance to
the scope and purpose of the audit, investigation, or other inquiry. If employees or agents are t o be interviewed:
if books. records, documents, other
writings, or information are t o be produced; or if property is t o be inspected;
the Administrative Subpoena, Demand
Bureau of Industry and Security, Commerce
for Information, or Inspection Authorization will describe them with particularity.
(0 Service of documents shall be
made in t h e following manner:
(1) Service of a Demand for Information or Inspection Authorization shall
be made personally, or by Certified
Mail-Return Receipt Requested a t the
person's last known address. Service of
a n Administrative Subpoena shall be
made personally. Personal service may
also be made by leaving a copy of t h e
document with someone of suitable age
and discretion a t t h e person's last
known dwelling or place of business.
(2) Service upon other t h a n an individual may be made by serving a partner, corporate officer, or a managing or
general agent authorized by appointment or by law t o accept service of
process. If an agent is served, a copy of
t h e document shall be mailed t o the
person named in t h e document.
(3) Any individual 18 years of age or
over may serve an Administrative Subpoena. Demand for Information, or Inspection Authorization. When personal
service is made, the individual making
the service shall prepare a n affidavit a s
t o t h e manner in which service was
made and t h e identity of t h e person
served, and return the affidavit, and in
the case of subpoenas, the original document, t o t h e issuing officer. In case of
failure t o make service, t h e reasons for
t h e failure shall be stated on the original document.
149 F R 30414. J u l y 30. 1984. R e d e s i g n a t e d a t 54
F R 601, J a n . 9, 1989. a s a m e n d e d a t 63 F R
31924, J u n e 11. 19981
1 700.72 Compulsory process.
(a) If a person refuses t o permit a
duly authorized representative of Commerce t o have access t o any premises
or source of information necessary t o
t h e administration or t h e enforcement
of t h e Defense Production Act, t h e Selective Service Act and related s t a t utes, this regulation, or official actions, t h e Commerce representative
may seek compulsory process. Compulsory process means t h e institution of
appropriate legal action, including ex
parte application for a n inspection warr a n t or i t s equivalent, in any forum of
appropriate jurisdiction.
5 700.74
(b) Compulsory process may be
sought in advance of an audit, investigation, or other inquiry, if, in the
judgment of t h e Director of the Office
of Strategic Industries and Economic
Security. U.S. Department of Commerce, in consultation with t h e Chief
Counsel for Industry and Security, U.S.
Department of Commerce, there is reason t o believe t h a t a person will refuse
t o permit a n audit, investigation, or
other inquiry, or t h a t other circumstances exist which make such
process desirable or necessary.
149 F R 30414. J u l y 30. 1984. R e d e s i g n a t e d a t 54
F R 601, J a n . 9, 1989, a s a m e n d e d a t 63 F R
31924, J u n e 11. 1998; 67 F R 45633, J u l y 10. 2002;
71 F R 39528, J u l y 13. 20061
1700.73 Notification of failure to comply.
(a) A t t h e conclusion of an audit, investigation, or other inquiry, or a t any
other time, Commerce may inform t h e
person in writing where compliance
with t h e requirements of t h e Defense
Production Act, the Selective Service
Act and related s t a t u t e s , this regulation, o r an official action were not met.
(b) In cases where Commerce determines t h a t failure t o comply with the
provisions of t h e Defense Production
Act, t h e Selective Service Act and related s t a t u t e s , this regulation, or a n
official action was inadvertent, the
person may be informed in writing of
t h e particulars involved and the corrective action t o be taken. Failure t o
t a k e corrective action may then be
construed a s a willfull violation of the
Defense Production Act, t h i s regulation, or an official action.
[49 F R 30414, J u l y 30. 1984. R e d e s i g n a t e d a t 54
F R 601. J a n . 9. 1989, a s a m e n d e d a t 63 F R
31924, J u n e 11. 19981
1 700.74 Violations, penalties, and rem-
edies.
(a) Willful violation of t h e provisions
of Title I or Sections 705 or 707 of t h e
Defense Production Act, the priorities
provisions of t h e Selective Service Act
and related s t a t u t e s , t h i s part, or an
official action, is a crime and upon
conviction, a person may be pur~ished
by fine or imprisonment, or both. The
maximum penalty provided by the Defense Production Act is a $10,000 fine.
or one year in prison, or both. The
9 700.75
maximum penalty provided by the Selective Service Act and related statutes is a $50,000 fine, or three years in
prison, or both.
(b) The government may also seek an
injunction from a court of appropriate
jurisdiction t o prohibit t h e continuance of any violation of, or t o enforce
compliance with, the Defense Production Act, this regulation, or an official
action.
(c) In order t o secure the effective enforcement of the Defense Production
Act, this regulation, and official actions, the following are prohibited (see
section 704 of the Defense Production
Act; see also, for example, sections 2
and 371 of Title 18, United States Code):
(1) No person may solicit, influence
or permit another person t o perform
any act prohibited by, or to omit any
act required by, t h e Defense Production Act, this regulation, or an official
action.
(2) No person may conspire or act in
concert with any other person t o perform any a c t prohibited by, or t o omit
any act required by, the Defense Production Act, this regulation, or an official action.
(3) No person shall deliver any item if
the person knows or has reason t o believe t h a t t h e item will be accepted, redelivered, held, or used in violation of
the Defense Production Act, this regulation, or an official action. In such instances, t h e person must immediately
notify the Department of Commerce
t h a t , in accordance with this provision.
delivery has not been made.
149 FR 30414. J u l y 30. 1984. Redesignated a t 54
FR 601. J a n . 9. 1989, a s amended a t 63 FR
31924. J u n e 11. 19981
# 700.75 Compliance conflicts.
If compliance with any provision of
the Defense Production Act, the Selective Service Act and related statutes.
this regulation, or an official action
would prevent a person from filling a
rated order or from complying with another provision of the Defense Production Act, this regulation, or an official
action, t h e person must immediately
notify the Department of Commerce
for resolution of the conflict.
149 FR 30414, J u l y 30. 1984. Redesignated a t 54
FR 601, J a n . 9. 1989, a s amended a t 63 FR
31924. June 11, 19981
15 CFR Ch. VII (1-148 Edition)
Subpart K-Adjustments,
Exceptions, and Appeals
9 700.80 Adjustments or exceptions.
(a) A person may submit a request t o
the Office of Strategic Industries and
Economic Security. U.S. Department
of Commerce, for an adjustment or exception on the ground that:
(1) A provision of this regulation or
an official action results in an undue or
exceptional hardship on that person
not suffered generally by others in
similar situations and circumstances;
or
(2) The consequence of following a
provision of this regulation or a n official action is contrary t o t h e intent of
the Defense Production Act, the Selertive Service Act and related statutes,
or this regulation.
(b) Each request for adjustment or
exception must be in writing and contain a complete statement of all the
facts and circumstances related t o the
provision of this regulation or official
action from which adjustment is
sought and a full and precise statement
of the reasons why relief should be provided.
(c) The submission of a request for
adjustment or exception shall not relieve any person from the obligation of
complying with the provision of this
regulation or official action in question while the request is being considered unless such interim relief is granted in writing by the Office of Strategic
Industries and Economic Security.
(d) A decision of the Office of Strategic Industries and Economic Security
under this section may be appealed t o
the Assistant Secretary for Export Administration, U.S. Department of Commerce. (For information on the appeal
procedure, see 5 700.81.)
[49 FR 30414. J u l y 30. 1984. Redesignated a t 54
FR 601. J a n . 9. 1989, a s amended a t 63 FR
31924. 31925. J u n e 11. 1998)
# 700.81 Appeals.
(a) Any person who has had a request
for adjustment or exception denied by
the Office of Strategic Industries and
Economic Security under S700.80, may
appeal t o the Assistant Secretary for
Bureau of Industry and Security, Commerce
Export Administration, U.S. Departm e n t of Commerce, who shall review
and reconsider t h e denial.
(b) An appeal m u s t be received by t h e
Office of t h e Assistant Secretary for
Export Administration, Bureau of Ind u s t r y and s e c u r i t y , U.S. Department
of Commerce. Washington. D. C. 20230,
Ref: DPAS, no l a t e r t h a n 45 days a f t e r
receipt of a written notice of denial
from t h e Office of S t r a t e g i c Industries
and Economic Security. After t h i s 45d a y period, a n appeal m a y be accepted
a t t h e discretion of t h e Assistant Secr e t a r y for Export Administration for
good cause shown.
(c) Each appeal m u s t be in writing
and contain a complete s t a t e m e n t of
all t h e facts a n d circumstances related
t o t h e action appealed from and a full
and precise s t a t e m e n t of t h e reasons
t h e decision should be modified o r reversed.
(d) In addition t o t h e w r i t t e n materials submitted in support of a n appeal.
a n appellant m a y request, i n writing,
a n opportunity for a n informal hearing. This request m a y be granted o r denied at t h e discretion of t h e Assistant
Secretary for Export Administration.
(e) When a hearing is granted, t h e Ass i s t a n t S e c r e t a r y for Export Administ r a t i o n may designate a n employee of
t h e Department of Commerce t o cond u c t t h e hearing a n d t o prepare a report. T h e hearing officer shall determine a l l procedural questions and impose such t i m e o r o t h e r limitations
deemed reasonable. In t h e event t h a t
t h e hearing officer decides t h a t a printed t r a n s c r i p t is necessary, all expenses
shall be borne by t h e appellant.
(0 When determining a n appeal, t h e
Assistant Secretary for Export Administration may consider all information
submitted during t h e appeal a s well a s
a n y recommendations, reports, o r
o t h e r relevant information and docum e n t s available t o t h e Department of
Commerce, o r consult with a n y o t h e r
persons o r groups.
(g) T h e submission of a n appeal under
t h i s section shall n o t relieve a n y person from t h e obligation of complying
with t h e provision of t h i s regulation o r
official action i n question while t h e appeal is being considered unless such relief is granted in writing by t h e Assist-
§ 700.91
a n t Secretary for Export Administration.
(h) T h e decision of t h e Assistant Secr e t a r y for Export Administration shall
be made within a reasonable t i m e a f t e r
receipt of t h e appeal and shall be t h e
final administrative action. I t shall be
issued t o t h e appellant in writing with
a s t a t e m e n t of t h e reasons for t h e decision.
[49 F R 30414. July 30. 1984. Redesignated a t 54
F R 601. Jan. 9, 1989, a s a m e n d e d a t 63 F R
31925. J u n e 11, 1998; 71 F R 39528, July 13. 20061
Subpart L-Miscellaneous
Provisions
8 700.90 Protection against claims.
A person shall n o t be held liable for
damages o r penalties for a n y a c t o r
failure t o a c t resulting directly o r indirectly from compliance w i t h a n y provision of t h i s regulation, o r a n official
action, notwithstanding t h a t such provision o r action shall subsequently be
declared invalid by judicial o r o t h e r
competent a u t h o r i t y .
8 700.91 Records and reports.
(a) Persons a r e required t o m a k e and
preserve for a t least t h r e e years, accur a t e and complete records of a n y transaction covered by t h i s regulation (OMB
control number 0694-0053) o r a n official
action.
(b) Records must be maintained i n
sufficient detail t o permit t h e determination, upon examination, of whethe r each transaction complies with t h e
provisions of t h i s regulation or a n y official action. However, t h i s regulation
does not specify a n y particular method
o r system t o be used.
(c) Records required t o be maintained
by t h i s regulation m u s t be made available for examination on demand by
duly authorized representatives of
Commerce a s provided in 700.71.
(d) In addition, persons m u s t develop.
maintain, and submit a n y o t h e r
records and reports t o Commerce t h a t
may be required for t h e administration
of t h e Defense Production Act, t h e Selective Service Act and related s t a t utes, and t h i s regulation.
(e) Section 705(e) of t h e Defense Production Act provides t h a t information
obtained under t h i s section which t h e
15 CFR Ch. VII (1-1-08 Edition)
§ 700.92
President deems confidential, or with
reference t o which a request for confidential treatment is made by the person furnishing such information, shall
not be published or disclosed unless the
President determines t h a t t h e withholding of this information is contrary
t o t h e interest of the national defense.
Information required t o be submitted
t o Commerce in connection with t h e
enforcement or administration of t h e
Act, this regulation, or a n official action, is deemed t o be confidential
under section 705(e) of the Act and
shall not be published or disclosed except a s required by law.
[49 FR 30414. J u l y 30. 1984. R ~ d e s i g n a t e da t 54
FR 601, J a n . 9, 1989. a s amended a t 63 FR
31924. 31925. J u n e 11, 19981
9 700.92 A plicability of this regulation
and ofKcial actions.
(a) This regulation and all official actions, unless specifically stated otherwise, apply t o transactions in any
state, territory, o r possession of the
United States and the District of Columbia.
(b) This regulation and all official actions apply not only t o deliveries t o
other persons but also include deliveries t o affiliates and subsidiaries of a
person and deliveries from one branch.
division, or section of a single entity t o
another branch, division, o r section
under common ownership o r control.
(c) This regulation and its schedules
shall not be construed t o affect any ad-
ministrative actions taken by Commerce, or any outstanding contracts or
orders placed pursuant t o any of the
regulations, orders, schedules or delegations of authority under the Defense
Materials System and Defense Priorities System previously issued by Commerce. Such actions, contracts, or orders shall continue in full force and effect under t h i s regulation unless modified o r terminated by proper authority.
(d) The repeal of the regulations, orders, schedules and delegations of authority of the Defense Materials System (DMS) and Defense Priorities System (DPS) shall not have the effect t o
release or extinguish any penalty or liability incurred under the DMSIDPS.
The DMSIDPS shall be treated a s still
remaining in force for the purpose of
sustaining any action for t h e enforcement of such penalty or liability.
9 700.93 Communications.
All communications concerning this
regulation, including requests for copies of the regulation and explanatory
information, requests for guidance or
clarification, and requests for adjustment or exception shall be addressed t o
the Office of Strategic Industries and
Economic Security. Room 3876. U.S.
Department of Commerce. Washington.
DC 20230, Ref: DPAS; telephone: (202)
482-3634 or fax: (202) 482.~5650.
171 FR 39528. J u l y 13. 20061
SCHEDULE
I TO PART700-APPROVED PROGRAMS
AND DELEGATE
AGENCIES
T h e programs listed in t h i s schedule have been approved for priorities and allocations support under t h i s part. T h e y have equal preferential s t a t u s . T h e Department of Commerce h a s
authorized t h e Delegate Agencies t o use this p a r t in support of those programs assigned t o
t h e m , a s indicated below.
Program identification symbol
1
Defense programs.
A1 .........................................
A2 ............................
.
............
A3 .........................................
A4 .............................................
A5 ..............................................
A6 .........................................
.
.
.
A7 ..........................................
B1 .........................................
B8 ...............................
........
.
.
.
Approved program
1
Delegate agency
Aircraft
Department of Defense.'
Missiles .............................................................
Do.
Ships ..............................................................
Do.
Tank-Automotive ...............................................
DO.
Weapons ...........................................................
Do.
Ammunition .................................................
Do.
Electronic and communications equipment .........
Do.
Military building supplies .................................
Do.
Production equipment (for defense contractor's
DO.
account).
Production equipment (Government owned) .......
Do.
Food resources (combat rations) .....................
Do.
Department of Defense constluction ...................
Do.
Pt. 700, Sched. I
Bureau of Industry and Security, Commerce
Program identification symbol
1
Approved program
1
Delegate agency
Ma~ntenance, repair, and operating supplies
(MRO) for Department of Defense lac~lities.
C9 ............................................ Miscellaneous ....................................................
Do.
lnternat~onaldefense programs:
Canada:
D l ................................ Canadian military programs ................................ Department of Commerce
D2 ....................................... Canadian production and construction .............
Do.
D3 .................................. Canadian atomic energy program ..................
Do.
Other Fore~gnNations:
G I ..................................... Certain munitions items purchased by foreign Department of Commerce.
governments through domestic commercial
channels for export.
Certain direct defense needs of foreign govemDo.
ments other than Canada.
Foreign nations (other than Canada) production
Do.
and construction.
Co-Production:
J1 ............
F-16 Co-Production Program .....................
Departments of Commerce and Defense.
Atomic energy programs:
E l .......................................... Construction .....................................
.
.
......... Department of Energy
€2 ............................................. Operations-including maintenance, repair, and
Do.
operating supplies (MRO).
€3 .............................................. Privately owned facilities ..................................
Do.
Domestic energy programs:
F1 ............................................... Exploration, product~on, refining, and transpor- Department of Energy.
tation.
Do.
F2 ......................................... Conservation ...................................................
F3 ..........................................
Construction, repair, and maintenance .............
Do.
Other defense, energy, and related
programs:
H1 .......................................... Certain combined orders (see section 700.17(c)) Department of Commerce.
H5 ............................................ Private domestic production ...........................
Do.
H6 ....................................... Private domestic construction ..........................
Do.
H7 ........................................... Malntenance, repair, and operating supplies
Do.
(MRO).
H8 .............................................
Do
Designated Programs ........................................
K1 .....................
. . . .
................ Federal supply items ...........................................
General Services Administration
Homeland security programs:
N1 .................................... Federal emergency preparedness, mitigation, re- Department of Homeland Security
sponse, and recovery.
State, local, tribal government emergency preDo.
paredness, mitigation, response, and recovery.
Intelligence and waming systems .......................
Do.
Do.
Border and transportation security ......................
Domestic counter-terrorism, including law enDo.
forcement.
Chemical, biological. radiological, and nuclear
DO.
countermeasures.
Critical infrastructure protection and restoration ...
Do.
Miscellaneous .................................................
Do.
'
Department of Defense includes, The Office of the Secretary of Defense. the Military Departments, the Jomt Staff, the Combatant Commands, the Defense Agencies, the Defense Field Activities. all other organizational entities in the Department of Defense, and, for purposes of this regulation, the Central Intelligence Agency and the National Aeronautics and Space Administration as Associated Agencies.
[63 F R 31925. June 11. 1998, as amended a t 71 F R 39529. J u l y 13, 2006; 72 F R 3944. Jan. 29, 20071
15 CFR Ch. VII (1-1-08 Edition)
Pt. 700, App. I
APPENDIX 1 TO
PART
700-FORM
BIS-999-REQUEST
FOR
SPECIAL
PRIORITIES
ASSISTANCE
CASES0
REQUEST FOR SPECIAL PRIORITIES ASSISTANCE
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APPLICANTS REQUlRING PRIORITY RATING AITHORIZATION TOOBTAIN PRODIlCTlONOR CONSTRUCTION EQUlPMIN'r forlhs
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I71 FR 39529, July 13, 20061
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