DATE: October 15, 2003
SUBJECT: General Services Administration Acquisition Regulation (GSAR); Defense Priorities and Allocations System
SOURCE: Federal Register, October 15, 2003, Vol. 68, No. 199, page 59509
AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)
ACTION: Proposed Rule
SYNOPSIS: GSA is proposing to amend the GSAR to implement the Defense Priorities and Allocations System (DPAS) within the Federal Supply Service (FSS).
EDITOR'S NOTE: 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.
DATES: Comments on the proposed rule must be submitted by November 14, 2003.
ADDRESSES: Submit comments to General Services Administration, Regulatory Secretariat (MVA), 1800 F Street, NW, Room 4035, Attn: Ms. Laurie Duarte, Washington, DC 20405, or by e-mail to GSARcase.2003-G502@gsa.gov. Cite "2003-G502" in correspondence related to this proposed rule.
FOR FURTHER INFORMATION CONTACT: Gerald Zaffos, 202-208-6091.
SUPPLEMENTAL INFORMATION: 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. 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. This proposed rule would provide GSA contracting officers with the required specific guidance by adding a new GSAR Subpart 511.X, Priorities and Allocations, 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 following are the key provisions of proposed GSAR 511.X:
"(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, the proposed GSAR 552.211-XX would summarize the provisions of GSAR Subpart 511.X, and would provide the following website for additional information of DPAS: http://www.bxa.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Def. (EDITOR'S NOTE: The Internet address cited in the clause is incorrect. The correct Internet address is http://www.bxa.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm.)
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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