49 CFR § 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);
(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);
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