FAR 11.6—Subpart 11.6

Scope of subpart.

FAR 11.600 is a short scope provision that tells readers what this subpart is about: it implements the Defense Priorities and Allocations System (DPAS), which is a Department of Commerce program used to support approved national defense, emergency preparedness, and energy programs. The section does not itself create the DPAS rules; instead, it points contractors and contracting officers to the underlying Commerce regulation at 15 CFR part 700. In practice, this means the FAR subpart is the government contracting bridge to a separate priority-rating system that can require contractors to accept and prioritize certain orders over others. The practical significance is that DPAS can affect contract scheduling, production sequencing, and delivery commitments when a rated order is placed. This scope statement alerts users that the subpart is limited to DPAS-related matters and that the detailed operational requirements come from the Commerce regulations rather than from this FAR text alone.

Definitions.

FAR 11.601 provides the core definitions used in the Defense Priorities and Allocations System (DPAS) subpart. It defines four key terms: approved program, delegate agency, national defense, and rated order. These definitions matter because they determine when the government may place priority ratings on contracts and orders, which can require contractors and subcontractors to give certain defense- and emergency-related requirements precedence over unrated commercial work. The section ties procurement practice to broader statutory authorities, including the Defense Production Act, the Stafford Act, the Selective Service Act, and related Executive Orders, so users can understand the legal basis for priority-rated procurement. In practice, these definitions control whether a requirement qualifies for priority treatment, which agencies may issue ratings, and what kinds of programs count as supporting national defense, including military, energy, emergency preparedness, and critical infrastructure activities.

General.

FAR 11.602 explains the legal basis for the Defense Priorities and Allocations System (DPAS) and the government’s authority to give certain contracts and orders priority over others. It covers two main topics: first, the Defense Production Act (DPA) authority that allows the President to require preferential acceptance and performance of contracts and orders supporting approved national defense and energy programs, and to allocate materials, services, and facilities to support those programs; and second, the President’s delegation of that authority through Executive Order 12919, which assigned administration of DPAS to the Secretary of Commerce. In practical terms, this section tells contractors and contracting officers why some requirements may carry priority ratings and why suppliers may be required to accept and expedite rated orders ahead of unrated work. It also points readers to the Department of Commerce’s DPAS program for operational guidance, since the FAR section itself is a high-level statement of authority rather than a detailed procedures manual. The section matters because DPAS can affect scheduling, subcontracting, production planning, and compliance obligations across the supply chain for defense and energy-related programs.

Procedures.

FAR 11.603 explains how the Defense Priorities and Allocations System (DPAS) is used in federal contracting and supply chains. It covers the two priority levels for rated orders, DO and DX; how those ratings compare to unrated orders and to each other; the DPAS rules on what makes a valid rated order, acceptance and rejection, preferential scheduling, flowdown of ratings to lower-tier suppliers, changes or cancellations, proper use of ratings, and limits on when ratings may be placed. It also identifies who has authority to place rated orders, including Delegate Agencies and certain other governments or agencies with approved authority, and it requires agencies to control and oversee compliance. In practice, this section tells contracting personnel and contractors how to issue, process, and honor priority-rated orders when national defense or other approved programs require expedited performance. It also directs parties to seek special priorities assistance when they cannot obtain needed performance or when an item is not automatically ratable, and it explains that Commerce can use enforcement tools such as directives, subpoenas, and inspection authorizations. Finally, it requires prompt reporting of DPAS violations, making this section both an operational guide and an enforcement framework for priority-rated procurement.

Solicitation provision and contract clause.

FAR 11.604 tells contracting officers when to use the priority-rating solicitation provision and the priority-rating contract clause for rated orders. It covers two related but distinct actions: inserting FAR 52.211-14, Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use, into solicitations when the anticipated award will be a rated order, and inserting FAR 52.211-15, Defense Priority and Allocation Requirements, into the resulting contracts that are rated orders. In practice, this section ensures that contractors are formally notified at the solicitation stage that the procurement carries a priority rating and are contractually bound at award to comply with the Defense Priorities and Allocations System (DPAS) requirements. The rule matters because rated orders can affect production scheduling, subcontracting, delivery priorities, and the contractor’s obligation to accept and perform in accordance with national defense, emergency preparedness, or energy program needs. It also helps prevent administrative errors by separating the notice given before award from the binding clause that governs performance after award.