FAR 52.211-14—Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use.
Plain-English Summary
FAR 52.211-14 is a solicitation provision used when the government intends to place a contract under the Defense Priorities and Allocations System (DPAS) for national defense, emergency preparedness, or energy program use. It tells offerors that any resulting contract will be a rated order and requires the contracting officer to identify whether the order is rated DX or DO by checking the appropriate box. The provision also puts contractors on notice that they must comply with all DPAS requirements in 15 CFR part 700, including priority performance, acceptance rules, and flowdown obligations where applicable. In practice, this clause matters because a DPAS rating can affect how a contractor schedules work, allocates scarce materials, manages subcontractors, and responds to competing commercial demands. It is a short provision, but it carries significant operational consequences because rated orders receive priority over unrated orders and can require accelerated performance. The provision is used only when the solicitation is being issued for a requirement that has been certified for DPAS use, so it is both a notice and a compliance trigger.
Key Rules
DPAS-rated order notice
The provision informs offerors that the resulting contract will be a rated order under DPAS. This means the contract is not an ordinary commercial priority arrangement; it carries legally enforceable priority requirements under 15 CFR part 700.
DX or DO designation required
The contracting officer must check either the DX or DO box to identify the rating level. DX is the higher priority rating, while DO is lower than DX but still requires priority treatment over unrated orders.
Applies only for certified program use
The order must be certified for national defense, emergency preparedness, or energy program use. The provision is tied to the government’s authority to prioritize certain contracts for critical national needs.
Contractor must comply with DPAS rules
The contractor is required to follow all applicable DPAS requirements, not just the rating label. That includes accepting valid rated orders, giving them priority in production and delivery, and observing the regulatory procedures in 15 CFR part 700.
Contracting officer must select the correct rating
The clause places responsibility on the contracting officer to determine and mark the proper rating. An incorrect designation can create compliance problems, delay performance, or improperly elevate or reduce the order’s priority.
Responsibilities
Contracting Officer
Determine whether the requirement qualifies for DPAS use, select the correct DX or DO rating, and insert the provision in the solicitation when prescribed. The contracting officer must ensure the solicitation accurately tells offerors that the resulting contract will be a rated order and that the rating is consistent with the certified program purpose.
Contractor
Recognize that award under the solicitation will create a rated order obligation and comply with all DPAS requirements if awarded the contract. The contractor must prioritize the rated order over unrated work as required, manage scheduling and supply chain commitments accordingly, and follow the procedures in 15 CFR part 700.
Subcontractors and Suppliers
When a rated order is properly flowed down or otherwise received under DPAS rules, give the order the required priority and comply with applicable DPAS performance obligations. They must coordinate with the prime contractor and cannot treat the order as ordinary commercial work if the DPAS rules apply.
Agency/Program Office
Support the certification that the requirement is for national defense, emergency preparedness, or energy program use and ensure the procurement is properly designated for DPAS treatment. The program office should communicate urgency and priority needs so the contracting officer can apply the correct rating.
Practical Implications
This provision can materially change production planning, because rated orders may have to be placed ahead of commercial work and other unrated commitments.
Contractors should verify the rating immediately upon receipt of the solicitation or award, because the difference between DX and DO affects priority handling and internal controls.
A common pitfall is assuming the clause is just informational; in reality, it creates enforceable obligations under DPAS and can affect subcontracting and supplier management.
Contracting officers should be careful to use the correct rating and only when the requirement truly qualifies, since an incorrect rating can create compliance and scheduling problems.
Contractors should train purchasing, scheduling, and contract administration staff on DPAS procedures so rated orders are not missed, delayed, or improperly rejected.
Official Regulatory Text
As prescribed in 11.604 (a) , insert the following provision: Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use (Apr 2008) Any contract awarded as a result of this solicitation will be □ DX rated order; □ DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR700), and the Contractor will be required to follow all of the requirements of this regulation. [ Contracting Officer check appropriate box .] (End of provision)