FAR 11.604—Solicitation provision and contract clause.
Plain-English Summary
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.
Key Rules
Use notice in solicitations
If the contract to be awarded will be a rated order, the contracting officer must include FAR 52.211-14 in the solicitation. This alerts offerors before award that the procurement will carry a priority rating.
Use clause in rated contracts
If the resulting contract is a rated order, the contracting officer must include FAR 52.211-15 in the contract. This makes the DPAS priority and allocation requirements contractually binding during performance.
Rated order status controls insertion
The trigger for both the provision and the clause is whether the procurement or resulting contract is a rated order. The section does not give discretion to omit these texts when the rated-order condition is met.
Separate pre-award and post-award functions
The provision serves a notice function in the solicitation, while the clause governs performance obligations in the contract. Contracting officers should not treat them as interchangeable.
Responsibilities
Contracting Officer
Determine whether the procurement will result in a rated order, insert FAR 52.211-14 into the solicitation when appropriate, and insert FAR 52.211-15 into the contract when the award is a rated order.
Contractor
Review the solicitation and contract for rated-order requirements, understand that a priority rating may affect performance and scheduling, and comply with the contract clause once awarded.
Agency
Ensure acquisition personnel apply the correct solicitation provision and contract clause consistently for rated orders and support compliance with DPAS-related procurement procedures.
Practical Implications
Contracting officers should verify rated-order status early, because the solicitation and contract language must be added at the correct stage.
A common pitfall is omitting the solicitation notice, which can leave offerors unaware that the procurement will be rated and may create confusion or protest risk.
Another frequent error is failing to include the contract clause in the award document, which can weaken enforcement of priority and allocation obligations.
Contractors should treat a rated-order notice as a serious scheduling signal and review internal supply chain and subcontracting processes for DPAS compliance.
Because rated orders can affect delivery sequencing and supplier commitments, both sides should coordinate carefully to avoid performance delays or noncompliance.
Official Regulatory Text
(a) Contracting officers shall insert the provision at 52.211-14 , Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use, in solicitations when the contract to be awarded will be a rated order. (b) Contracting officers shall insert the clause at 52.211-15 , Defense Priority and Allocation Requirements, in contracts that are rated orders.