49 CFR 33.38 - Limitations on placing rated orders.

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§ 33.38 Limitations on placing rated orders.

(a)General limitations.

(1) A person may not place a DO- or DX-rated order unless entitled to do so under this part.

(2) Rated orders may not be used to obtain:

(i) Delivery or performance on a date earlier than needed;

(ii) A greater quantity of the item or services than needed, except to obtain a minimum procurable quantity. Separate rated orders may not be placed solely for the purpose of obtaining minimum procurable quantities on each order;

(iii) Items or services in advance of the receipt of a rated order, except as specifically authorized by the Department of Transportation (see § 33.41(c) for information on obtaining authorization for a priority rating in advance of a rated order);

(iv) Items that are not needed to fill a rated order, except as specifically authorized by the Department of Transportation, or as otherwise permitted by this part;

(v) Any of the following items unless specific priority rating authority has been obtained from the Department of Transportation, a Delegate Agency, or the Department of Commerce, as appropriate:

(A) Items for plant improvement, expansion, or construction, unless they will be physically incorporated into a construction project covered by a rated order; and

(B) Production or construction equipment or items to be used for the manufacture of production equipment (For information on requesting priority rating authority, see § 33.41); or

(vi) Any items related to the development of chemical or biological warfare capabilities or the production of chemical or biological weapons, unless such development or production has been authorized by the President or the Secretary of Defense.

(b)Jurisdictional limitations.

(1) Unless authorized by the resource agency with jurisdiction, the provisions of this part are not applicable to the following resources:

(i) Food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer (Resource agency with jurisdiction - Department of Agriculture);

(ii) All forms of energy (Resource agency with jurisdiction - Department of Energy);

(iii) Health resources (Resource agency with jurisdiction - Department of Health and Human Services);

(iv) Water resources (Resource agency with jurisdiction - Department of Defense/U.S. Army Corps of Engineers); and

(v) All materials, services, and facilities, including construction materials the authority for which has not been delegated to other agencies under Executive Order 13603. (Resource Agency with jurisdiction - Department of Commerce);

(vi) Communications services (Resource agency with jurisdiction - National Communications System under Executive Order 12472 of April 3, 1984).

(2) [Reserved]

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

§ 468

§ 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 ... 12742

Executive Order ... 13603

Title 49 published on 09-Jun-2018 04:52

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 49 CFR Part 33 after this date.

  • 2012-11-21; vol. 77 # 225 - Wednesday, November 21, 2012
    1. 77 FR 69769 - Prioritization and Allocation Authority Exercised by the Secretary of Transportation Under the Defense Production Act
      GPO FDSys XML | Text
      DEPARTMENT OF TRANSPORTATION, Office of the Secretary
      Confirmation of effective date.
      Effective Date: This document confirms that the Department's final rule at 77 FR 59793 is effective on November 30, 2012.
      49 CFR Part 33