10 CFR 217.33 - Acceptance and rejection of rated orders.

§ 217.33 Acceptance and rejection of rated orders.
(a) Mandatory acceptance.
(1) Except as otherwise specified in this section, a person shall accept every rated order received and must fill such orders regardless of any other rated or unrated orders that have been accepted.
(2) A person shall not discriminate against rated orders in any manner such as by charging higher prices or by imposing different terms and conditions than for comparable unrated orders.
(b) Mandatory rejection. Unless otherwise directed by the Department of Energy for a rated order involving all forms of energy:
(1) A person shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the person must inform the customer of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection under this section.
(2) A person shall not accept a DO-rated order for delivery on a date which would interfere with delivery of any previously accepted DO- or DX-rated orders. However, the person must offer to accept the order based on the earliest delivery date otherwise possible.
(3) A person shall not accept a DX-rated order for delivery on a date which would interfere with delivery of any previously accepted DX-rated orders, but must offer to accept the order based on the earliest delivery date otherwise possible.
(4) If a person is unable to fill all of the rated orders of equal priority status received on the same day, the person must accept, based upon the earliest delivery dates, only those orders which can be filled, and reject the other orders. For example, a person must accept order A requiring delivery on December 15 before accepting order B requiring delivery on December 31. However, the person must offer to accept the rejected orders based on the earliest delivery dates otherwise possible.
(c) Optional rejection. Unless otherwise directed by the Department of Energy for a rated order involving all forms of energy, rated orders may be rejected in any of the following cases as long as a supplier does not discriminate among customers:
(1) If the person placing the order is unwilling or unable to meet regularly established terms of sale or payment;
(2) If the order is for an item not supplied or for a service not capable of being performed;
(3) If the order is for an item or service produced, acquired, or provided only for the supplier's own use for which no orders have been filled for two years prior to the date of receipt of the rated order. If, however, a supplier has sold some of these items or provided similar services, the supplier is obligated to accept rated orders up to that quantity or portion of production or service, whichever is greater, sold or provided within the past two years;
(4) If the person placing the rated order, other than the U.S. Government, makes the item or performs the service being ordered;
(5) If acceptance of a rated order or performance against a rated order would violate any other regulation, official action, or order of the Department of Energy, issued under the authority of the Defense Production Act or another relevant statute.
(d) Customer notification requirements.
(1) Except as provided in this paragraph, a person must accept or reject a rated order in writing or electronically within fifteen (15) working days after receipt of a DO rated order and within ten (10) working days after receipt of a DX rated order. If the order is rejected, the person must give reasons in writing or electronically for the rejection.
(2) If a person has accepted a rated order and subsequently finds that shipment or performance will be delayed, the person must notify the customer immediately, give the reasons for the delay, and advise of a new shipment or performance date. If notification is given verbally, written or electronic confirmation must be provided within five (5) working days.
(e) Exception for emergency preparedness conditions. If the rated order is placed for the purpose of emergency preparedness, a person must accept or reject a rated order and transmit the acceptance or rejection in writing or in an electronic format within 2 days after receipt of the order if:
(1) The order is issued in response to a hazard that has occurred; or
(2) The order is issued to prepare for an imminent hazard.

Title 10 published on 2014-01-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 50, APPENDIX - WAR AND NATIONAL DEFENSE

§ 2061

§ 2062

§ 2071

§ 2072

§ 2073

§ 2074

§ 2075

§ 2076

§ 2077

§ 2078

§ 2081

§ 2091

§ 2092

§ 2093

§ 2094

§ 2101

§ 2103

§ 2104

§ 2121

50a U.S. Code Rule - Repealed. June 30, 1952, ch. 530, title I,

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Small business

50a U.S. Code Rule - Definitions

50a U.S. Code Rule - Civilian personnel

50a U.S. Code Rule - Regulations and orders

50a U.S. Code Rule - Investigations; records; reports; subpoenas; right to counsel

50a U.S. Code Rule - Jurisdiction of courts; injunctions; venue; process; effect of termination of provisions

50a U.S. Code Rule - Liability for compliance with invalid regulations; discrimination against orders or contracts affected by priorities or allocations

50a U.S. Code Rule - Voluntary agreements and plans of action for preparedness programs and expansion of production capacity and supply

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Public participation in rulemaking

50a U.S. Code Rule - Employment of personnel; appointment policies; nucleus executive reserve; use of confidential information by employees; printing and distribution of reports

50a U.S. Code Rule - Authorization of appropriations; availability of funds

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Territorial application of Act

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Separability

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Termination of Act

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Repealed.

50a U.S. Code Rule - Authority to review certain mergers, acquisitions, and takeovers

50a U.S. Code Rule - Prohibition on purchase of United States defense contractors by entities controlled by foreign governments

50a U.S. Code Rule - Reports on foreign industrial espionage

50a U.S. Code Rule - Defense Production Act Committee

Presidential Documents

Executive Order ... 12919