Limitations on placing rated orders.

CFR · 2024-01-01 · US · Title 10

(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 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 Energy (see § 217.41(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 Energy, or as otherwise permitted by this part; or (v) Any of the following items unless specific priority rating authority has been obtained from the Department of Energy, 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 § 217.21.] (vi) Any items related to the development of chemical or biological warfare capabilities or the production of chemical or biological

official document · source cfr-2024 · id 10:§ 217.38