10 CFR 217.37 - Use of rated orders.

§ 217.37 Use of rated orders.

(a) A person must use rated orders to obtain:

(1) Items which will be physically incorporated into other items to fill rated orders, including that portion of such items normally consumed or converted into scrap or by-products in the course of processing;

(2) Containers or other packaging materials required to make delivery of the finished items against rated orders;

(3) Services, other than contracts of employment, needed to fill rated orders; and

(4) MRO needed to produce the finished items to fill rated orders.

(b) A person may use a rated order to replace inventoried items (including finished items) if such items were used to fill rated orders, as follows:

(1) The order must be placed within 90 days of the date of use of the inventory.

(2) A DO rating and the program identification symbol indicated on the customer's rated order must be used on the order. A DX rating may not be used even if the inventory was used to fill a DX-rated order.

(3) If the priority ratings on rated orders from one customer or several customers contain different program identification symbols, the rated orders may be combined. In this case, the program identification symbol “H1” must be used (i.e., DO-H1).

(c) A person may combine DX- and DO-rated orders from one customer or several customers if the items or services covered by each level of priority are identified separately and clearly. If different program identification symbols are indicated on those rated orders of equal priority, the person must use the program identification symbol “H1” (i.e., DO-H1 or DX-H1).

(d) Combining rated and unrated orders.

(1) A person may combine rated and unrated order quantities on one purchase order provided that:

(i) The rated quantities are separately and clearly identified; and

(ii) The four elements of a rated order, as required by § 217.32, are included on the order with the statement required in § 217.32(d) modified to read in substance:

This purchase order contains rated order quantities certified for national defense use, and you are required to follow all applicable provisions of the Energy Priorities and Allocations System regulations at 10 CFR part 217 only as it pertains to the rated quantities.

(2) A supplier must accept or reject the rated portion of the purchase order as provided in § 217.33 and give preferential treatment only to the rated quantities as required by this part. This part may not be used to require preferential treatment for the unrated portion of the order.

(3) Any supplier who believes that rated and unrated orders are being combined in a manner contrary to the intent of this part or in a fashion that causes undue or exceptional hardship may submit a request for adjustment or exception under § 217.80.

(e) A person may place a rated order for the minimum commercially procurable quantity even if the quantity needed to fill a rated order is less than that minimum. However, a person must combine rated orders as provided in paragraph (c) of this section, if possible, to obtain minimum procurable quantities.

(f) A person is not required to place a priority rating on an order for less than $50,000, or one-half of the Simplified Acquisition Threshold (as established in the Federal Acquisition Regulation (FAR) (see FAR section 2.101) or in other authorized acquisition regulatory or management systems) whichever amount is greater, provided that delivery can be obtained in a timely fashion without the use of the priority rating.

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

§ 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

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