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§101.36. Changes or cancellations of priority ratings and rated orders.

45 C.F.R. § 101.36

(a)
The priority rating on a rated order may be changed or canceled by:
(1)
An official action of HHS; or
(2)
Written notification from the person who placed the rated order (including a Delegate Agency).
(b)
If an unrated order is amended to make it a rated order, or a DO rating is changed to a DX rating, the supplier must give the appropriate preferential treatment to the order as of the date the change is received by the supplier.
(c)
An amendment to a rated order that significantly alters a supplier's original production or delivery schedule shall constitute a new rated order as of the date of its receipt. The supplier must accept or reject the amended order according to the provisions of § 101.33.
(d)
The following amendments do not constitute a new rated order— a change in shipping destination; a reduction in the total amount of the order; an increase in the total amount of the order which has negligible impact upon deliveries; a minor variation in size or design (prior to the start of production); or a change which is agreed upon between the supplier and the customer.
(e)
If a person no longer needs items or services to fill a rated order, any rated orders placed with suppliers for the items or services, or the priority rating on those orders, must be canceled.
(f)
When a priority rating is added to an unrated order, or is changed or canceled, all suppliers must be promptly notified in writing.
Notes, amendments, and revision history

Authority

Authority: Defense Production Act of 1950, as amended (50 U.S.C. 4501, et seq. ), and Executive Order 13603 (77 FR 16651, 3 CFR, March 16, 2012).

Source

Source: 89 FR 9025, Feb. 9, 2024, unless otherwise noted.