---
kind: "range"
citation: "15 C.F.R. §§ 700.50–700.55"
title: "15"
from: "700.50"
to: "700.55"
count: 6
url: "https://uscodex.org/cfr/15/700.50..700.55"
---

# §700.50. General provisions.

- (a) Once a priority rating has been authorized pursuant to this part, further action by the Department of Commerce generally is not needed. However, it is anticipated that from time-to-time problems will occur. In this event, a person should immediately contact the appropriate contract administration officer or the Department of Commerce for guidance or assistance. Special priorities assistance is a service provided to alleviate problems that do arise.
  - (1) If additional formal aid is needed for a rated order placed by a Delegate Agency, special priorities assistance should be sought from the Delegate Agency through the contract administration officer. If the Delegate Agency is unable to resolve the problem or to authorize the use of a priority rating and believes additional assistance is warranted, the Delegate Agency may forward the request to the Department of Commerce for action.
  - (2) If additional formal aid is needed for a rated order placed by other authorized persons, special priorities assistance should be sought from the Department of Commerce.
- (b) Special priorities assistance may be provided for any reason consistent with this part, such as assisting in obtaining timely deliveries of items needed to satisfy rated orders or authorizing the use of priority ratings on orders to obtain items not otherwise ratable under this part. If the Department of Commerce is unable to resolve the problem or to authorize the use of a priority rating and believes additional assistance is warranted, the Department of Commerce may forward the request to another agency, identified in [§ 700.10(c)](/cfr/15/700.10.md?p=c), as appropriate, for action.
- (c) A request for special priorities assistance must be submitted on Form BIS-999 (OMB control number 0694-0057) to the local contract administration representative or to the Department of Commerce. Form BIS-999 may be obtained from the Delegate Agency representative or from the Department of Commerce. A sample Form BIS-999 is attached at appendix I. A fillable Form BIS-999 may be obtained on the following website: https://www.bis.doc.gov/.

# §700.51. Requests for priority rating authority.

- (a) If a rated order is likely to be delayed because a person is unable to obtain items not normally rated under this part, the person may request the authority to use a priority rating in ordering the needed items. Examples of items for which priority ratings may be authorized include:
  - (1) Production or construction equipment;
  - (2) Computers when not used as production items; and
  - (3) **Expansion, rebuilding or replacing plant facilities.**
- (b) If a person does not have priority rating authority under this part from a Delegate Agency or the Department of Commerce and is unable to ensure the timely delivery of industrial resources, the person may request the authority to use a priority rating in ordering the needed items.
  - (1) A request for priority rating authority under this part must be submitted on Form BIS-999 to the Department of Commerce (see [§ 700.50(c)](/cfr/15/700.50.md?p=c) for information on Form BIS-999).
  - (2) A request for priority rating authority under this part may be used only to support approved programs (see §§ [700.55](/cfr/15/700.55.md), [700.57](/cfr/15/700.57.md), and [700.58](/cfr/15/700.58.md) for information on requesting a determination by the appropriate Determination Department that the request supports a program that is necessary or appropriate to promote the national defense).
- (c) **Rating authority for production or construction equipment.**
  - (1) A request for priority rating authority for production or construction equipment must be submitted to the appropriate Delegate Agency or the Department of Commerce. Requests in support of Department of Defense approved programs should be submitted to the Department of Defense on Department of Defense Form DD 691. All other requests should be submitted on Form BIS-999. If the Delegate Agency is unable to resolve the problem or authorize the use of a priority rating, the Delegate Agency may forward the request to the Department of Commerce for action.
  - (2) When the use of a priority rating is authorized for the procurement of production or construction equipment, a rated order may be used either to purchase or to lease such equipment. However, in the latter case, the equipment may be leased only from a person engaged in the business of leasing such equipment or from a person willing to lease rather than sell.
- (d) **Rating authority in advance of a rated prime contract.**
  - (1) In certain cases and upon specific request, the Department of Commerce, in order to promote the national defense, may authorize a person to place a priority rating on an order to a supplier in advance of the issuance of a rated prime contract. In these instances, the person requesting advance rating authority must obtain sponsorship of the request from the appropriate Delegate Agency or those authorized by the Department of Commerce to priority rate the prime contract. The person shall also assume any business risk associated with the placing of rated orders if these orders have to be cancelled in the event the rated prime contract is not issued.
  - (2) The person must state the following in the request: “It is understood that the authorization of a priority rating in advance of our receiving a rated prime contract and our use of that priority rating with our suppliers in no way commits the Department of Commerce or any other government agency to enter into a contract or order or to expend funds. Further, we understand that the Federal Government shall not be liable for any cancellation charges, termination costs, or other damages that may accrue if a rated prime contract is not eventually placed and, as a result, we must subsequently cancel orders placed with the use of the priority rating authorized as a result of this request.”
  - (3) In reviewing requests for rating authority in advance of a rated prime contract, the Department of Commerce will consider, among other things, the following criteria:
    - (i) The probability that the prime contract will be awarded;
    - (ii) The impact of the resulting rated orders on suppliers and on other authorized programs;
    - (iii) Whether the contractor is the sole source;
    - (iv) Whether the item being produced has a long lead time; and
    - (v) **The time period for which the rating is being requested.**
  - (4) The Department of Commerce may require periodic reports on the use of the rating authority granted under [paragraph (c)](#c) of this section.
  - (5) If a rated prime contract is not issued, the person shall promptly notify all suppliers who have received rated orders pursuant to the advanced rating authority that the priority rating on those orders is cancelled.

# §700.52. Examples of assistance.

- (a) While special priorities assistance may be provided for any reason in support of this regulation and an approved program (see §§ [700.55](/cfr/15/700.55.md), [700.57](/cfr/15/700.57.md), [700.58](/cfr/15/700.58.md), and Schedule I of this part), it is usually provided in situations where:
  - (1) A person is experiencing difficulty in obtaining delivery against a rated order by the required delivery date;
  - (2) A person cannot locate a supplier for an item needed to fill a rated order; or
  - (3) A person is experiencing difficulty in obtaining delivery for an unrated order by the required delivery date.
- (b) **Other examples of special priorities assistance include—**
  - (1) Ensuring that rated orders receive preferential treatment by suppliers;
  - (2) Resolving production or delivery conflicts between various rated orders;
  - (3) Assisting in placing rated orders with suppliers;
  - (4) Verifying the urgency of rated orders; and
  - (5) **Determining the validity of rated orders.**

# §700.53. Criteria for assistance.


Requests for special priorities assistance should be timely, i.e., the request has been submitted promptly and enough time exists for the Determination Department, Delegate Agency, or the Department of Commerce to effect a meaningful resolution to the problem, and must establish that:

- (a) There is an urgent need for the item; and
- (b) **The applicant has made a reasonable effort to resolve the problem.**

# §700.54. Instances where assistance will not be provided.


Special priorities assistance is provided at the discretion of the Determination Departments, Delegate Agencies, and the Department of Commerce when it is determined that such assistance is warranted to meet the objectives of this regulation. Examples where assistance may not be provided include situations when a person is attempting to:

- (a) Secure a price advantage;
- (b) Obtain delivery prior to the time required to fill a rated order;
- (c) Gain competitive advantage;
- (d) Disrupt an industry apportionment program in a manner designed to provide a person with an unwarranted share of scarce items; or
- (e) **Overcome a supplier's regularly established terms of sale or conditions of doing business.**

# §700.55. Requests for determination that program within the United States is necessary or appropriate to promote the national defense.

- (a) **Homeland security, emergency response, and critical infrastructure protection and restoration assistance programs within the United States.** Any person requesting priority rating authority or requiring assistance in obtaining rated items under this part supporting homeland security, emergency preparedness, and critical infrastructure protection and restoration related activities should submit a request for a determination in writing that the request supports a program that is necessary or appropriate to promote the national defense (referred to as “approved program”) to the Office of Policy and Program Analysis, Federal Emergency Management Agency, Department of Homeland Security, 500 C Street SW, Washington, DC 20472; Telephone: (202) 212-2900; Fax: (202) 646-4601; Email: FEMA-DPA@fema.dhs.gov, website: https://www.fema.gov/disaster/defense-production-act.
- (b) **Military production and construction, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities within the United States.** Any person requesting priority rating authority or requiring assistance under this part in obtaining rated items supporting military production and construction, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities should submit a request for a determination in writing that the request supports a program that is necessary or appropriate to promote the national defense (referred to as “approved program”) to the Department of Defense DPA Title I Lead in the Office of the Assistant Secretary of Defense for Industrial Base Policy, 3330 Defense Pentagon, Room 3B854, Washington, DC 20301; Telephone: (703) 697-0051; Fax: (703) 695-4885; Email: osd.pentagon.ousd-a-s.mbx.indpol-dpa-title-i@mail.mil; website: https://www.businessdefense.gov/.
- (c) **Energy production and construction, distribution and use, and directly related activities within the United States.** Any person requesting priority rating authority or requiring assistance under this part in obtaining rated items supporting energy production and construction, distribution and use, and directly related activities should submit a request for a determination in writing that the request supports a program that is necessary or appropriate to promote the national defense (referred to as “approved program”) to the Department of Energy, Office of Cybersecurity, Energy Security, and Emergency Response, 1000 Independence Avenue SW, Washington, DC 20585; Telephone: (202) 586-8100; Email: askcr@hq.doe.gov.