15 C.F.R. § 700.12

Elements of a rated order

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(a) Elements required for all rated orders. (1) The appropriate priority rating and program identification symbol (e.g., DO-A1, DX-A2, DO-N1).

(2) A required delivery date or dates. The words “immediately” or “as soon as possible” do not constitute a delivery date. When a “requirements contract,” “basic ordering agreement,” “prime vendor contract,” or similar procurement document bearing a priority rating contains no specific delivery date or dates, but provides for the furnishing of items from time-to-time or within a stated period against specific purchase orders, such as “calls,” “requisitions,” and “delivery orders,” the purchase orders supporting such contracts or agreements must specify a required delivery date or dates and are to be considered as rated as of the date of their receipt by the supplier and not as of the date of the original procurement document.

(3) The written signature on a manually placed order, or the digital signature or name on an electronically placed order, of an individual authorized to sign rated orders for the person placing the order. The signature, manual or digital, certifies that the rated order is authorized under this part and that the requirements of this part are being followed.

(4) A statement that reads in substance: “This is a rated order certified for national defense use and you are required to follow all the provisions of the Defense Priorities and Allocations System regulation (15 CFR part 700).”

(b) Additional element required for certain emergency preparedness rated orders. If a rated order is placed for the purpose of emergency preparedness requirements and expedited action is necessary or appropriate to meet these requirements, the following statement must be included in the order: “This rated order is placed for the purpose of emergency preparedness. It must be accepted or rejected within [Insert a time limit no less than the minimum applicable time limit specified in § 700.13(d)(2)].”

[79 FR 47565, Aug. 14, 2014, as amended at 89 FR 58971, July 22, 2024]
Notes of Decisions
Cited in 3 cases, 2001–2010 · leading case: Arch Chemicals, Inc. v. United States, 64 Fed. Cl. 380 (Fed. Cl. 2005).
Arch Chemicals, Inc. v. United States, 64 Fed. Cl. 380 (Fed. Cl. 2005). “” 15 C.F.R. § 700.12 (b). The contract that is awarded as a result of the Solicitation will be a requirements contract.”
Fisher v. Halliburton, 696 F. Supp. 2d 710 (S.D. Tex. 2010). · cites it 2× “” 15 C.F.R. § 700.12 (b). These orders must be filled “in a timely manner to satisfy the delivery requirements of each rated order.”
Virginia Panel Corp. v. MAC Panel Co., 139 F. Supp. 2d 753 (W.D. Va. 2001). “The purchase order “certified” the products for use in the DPAS presumably pursuant to 15 C.F.R. § 700.12 (d) (2000), which requires “rated orders” to include such a certification statement.”
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