1. What is DPAS?
Section 101 of the Defense Production Act (DPA) authorizes the President to require acceptance and priority performance of contracts and orders necessary or appropriate to promote the "national defense." The President has delegated this authority related to industrial resources to the Department of Commerce (DOC) in Executive Order 12919. DOC implements this authority through the Defense Priorities and Allocations System (DPAS). For the purposes of DPAS (and other DPA programs), "national defense" is defined to include emergency preparedness, prevention, response, recovery, and mitigation activities conducted pursuant to title VI of the Stafford Act and actions to protect or restore critical infrastructure operations (in addition to military, energy, and space programs). The purpose of DPAS is to:
2. How is DPAS implemented?
DPAS policy and procedures are provided in the DPAS regulation (15 CFR Part 700). This regulation is administered by DOC and is used, as authorized by DOC, by other Federal departments and agencies and industry to support programs necessary or appropriate to promote the national defense. DPAS provides for the use of contract terms that specify a priority rating and delivery dates for materials and services. [elements of a rated order]
In general, potential suppliers must: (1) accept or reject contracts and orders that contain a DPAS priority rating for materials and services they normally supply within 15 working days [acceptance/rejection of a rated order] ; (2) provide preferential performance for rated orders to the extent necessary to meet contracted delivery dates [preferential scheduling] ; and (3) extend the priority rating to suppliers. [extension of priority ratings]
3. Who is authorized to use DPAS priority ratings?
DOC has delegated specific priority rating authority, with respect to industrial resources, to the Department of Defense (DOD), the Department of Energy (DOE), the General Services Administration (GSA), and DHS. DPAS Delegation 4 from the Secretary of Commerce authorizes the Secretary of Homeland Security to place priority-rated contracts and orders in support of: (1) DHS programs; and (2) State, local, and tribal government programs involving emergency preparedness, prevention, response, recovery, and mitigation activities. The authorities delegated to the Secretary of Homeland Security in E.O. 12919 and DPAS Delegation 4 have been re-delegated to the Administrator of FEMA and, in turn, to the Director of the Office of Policy and Program Analysis.
4. What programs are eligible for DPAS support?
In general, the following categories of FEMA and DHS operational programs are eligible for DPAS support:
5. How are programs authorized to use DPAS priority ratings?
The Director of the Office of Policy and Program Analysis (OP-DR) is responsible for determining which DHS programs are eligible for DPAS support and for authorizing officials in eligible programs to use priority ratings in support of their programs. A DHS program official wishing to obtain authority to use a DPAS priority rating in support of an eligible DHS program submits a written request to OP-DR requesting this authority. The request should:
FEMA personnel may also:
6. What are the limitations on use of DPAS priority ratings?
There are a number of limitations on use of rated orders. In general, DPAS priority ratings may not be used for:
Questions regarding the use of DPAS for resources not normally eligible for DPAS support should be directed to FEMA's Lead DPAS Officer.
7. What is the process for placing rated orders?
The process for placing a rated order under DPAS involves both a program official and a contracting officer. A program official, who has been granted DPAS authority, directs a contracting officer to include a priority rating in contracts and orders for eligible materials and services. The rated order must include:
8. What constitutes a priority rating?
A priority rating consists of a priority level and a program identification symbol (PIS). Priority levels:
A PIS identifies the type of program supported by the priority rating. There are currently eight DHS Approved Program categories under DPAS. The PIS and description for each of these categories follows:
Priority-rating example: "DO-N1" - "DO"-rated program involving Federal emergency preparedness, mitigation, response, and recovery activities.
9. What are contractor responsibilities under DPAS?
A potential supplier (within the United States) must:
Suppliers generally carry out their DPAS obligations with no need for Government enforcement or assistance. Suppliers are not liable for damages or penalties for any act or failure to act resulting from compliance with their DPAS obligations. Suppliers are subject to penalties for willful violation of Defense Production Act provisions or DPAS regulation.
10. How are problems with rated orders handled?
DPAS is designed to be largely self-executing. However, the DPAS provides for special priorities assistance ("SPA") to address procurement problems. SPA may be used for purposes consistent with the DPAS regulation, such as:
SPA may also be used to request rating authority for items not automatically ratable.
11. How does one obtain special priorities assistance?
Any contractor, program official, contracting officer, or DPAS officer may request special priorities assistance (SPA). SPA requests are documented using Form BIS-999 and are submitted to a DPAS Officer. DPAS officers attempt to resolve the problem and forward unresolved SPA requests to FEMA's Lead DPAS Officer. If a SPA request cannot be resolved within FEMA, it may be forwarded to DOC for action.
12. What are the functions of a DPAS Officer?
A DPAS Officer is responsible for implementation, administration, interpretation, and training of DPAS within his/her component organization. DPAS Officer functions are generally performed as collateral duties. The head of a FEMA component appoints a FEMA DPAS Officer to address DPAS issues within that component. DPAS Officers:
DPAS Guidance and Training
Lead DPAS Officer, OPPA
Tel: 202-646-3153
Fax: 202-646-3061
fema-dpas@dhs.gov
13. What are the links to other Departments' DPAS webpages?
Last Modified: Wednesday, 03-Nov-2010 13:10:10 EDT
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