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Does a delivery order with a DPAS rating flow down to all delivery order used against it?  For this example the Army Computer Hardware Enterprise Software and Solutions (CHESS) program has several IDIQs under Army Desktop and Mobile Computing-3 (ADMC-3).  AFARS 39 requires we use the CHESS for ordering our IT equipment.  From what I have seen all the IDC contracts under the ADMC-3 are DPAS rated.  I assume that all orders off any of the base contracts would be considered a DPAS rated order under DOA7.  I have looked over provided material from previous threads related to DPAS and nothing says unequivocally that the DPAS rating flows down with the Delivery Order but it seems strongly implied.  Two of the most prominent examples

1-  https://www.bis.doc.gov/index.php/documents/other-areas/strategic-industries-and-economic-security/1615-dpas-training-slides/file slide 40 states "•A ‘‘requirements contract,” ‘‘basic ordering agreement,” ‘‘prime vendor contract,” or similar procurement document bearing a priority rating may contain no specific delivery date or dates and may provide for the furnishing of items from time-to-time or within a stated period against specific purchase orders, such as ‘‘calls,” ‘‘requisitions,’’ and ‘‘delivery orders.’’ 

     -- sub bullet then states "These purchase orders must specify a required delivery date or dates and are to be considered as rated as of the date of their receipt by the supplier and not as of the date of the original procurement document."  To me indicates the delivery order defines the delivery date of the DPAS rated base, why add in the DPAS rating to the Delivery Order/Call.

2-  DoD 4400.1-M C3.2.1. Procuring Activities SHALL assign a priority rating to all defense contracts and purchase orders, except ... (leaving out the exception language) so if we are required to assign a priority rating and its in the base contract why wouldn't it be in the delivery orders.

  Further down in the same policy it does state concerning computers 

     C3.2.2. l. Procuring Activities shall assign priority ratings only when the computer system and/or peripheral equipment will be integral to an end item that is necessary for:
          C3.2.2.1. l. Strategic or tactical military operations.
          C3.2.2. l .2. Logistics support of military operations.

Summary

Reason asking is vendor stated that she received guidance from the CHESS program that delivery orders had to individually have the DPAS rating.  I am not sure why you would have a rating in the base contract and then have to put them in all the delivery orders when DoD 4400.1 and 15 CFR 700 seem to state that you shall use the DPAS rating (baring that none of the exceptions apply).

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The base contract has the term and conditions and the delivery order is the order and payment etc.  If the base contract did not have the DPAS clause it could not be applied to the delivery order.  Since this action is with DOD you can obtain information from the office that handles DPAS:

The Deputy Assistant Secretary of Defense Industrial Policy - contact information is as follows:
Deputy Assistant Secretary of Defense
Industrial Policy
1400 Defense Pentagon, Room 3B854,
Washington, DC 20301-1400
(703) 697-0051
osd.mibp.inquiries@mail.mil
https://www.businessdefense.gov/
 

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7 minutes ago, Vern Edwards said:

Did you mean: If an IDIQ contract has a DPAS rating, does the rating apply to all orders issued thereunder?

Yes, thought I re-read my post enough times to catch those kind of mistakes

 

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41 minutes ago, policyguy said:

The base contract has the term and conditions and the delivery order is the order and payment etc.  If the base contract did not have the DPAS clause it could not be applied to the delivery order.  Since this action is with DOD you can obtain information from the office that handles DPAS:

So after going to CHESS to look at the contract I now have to use a hypothetical since the specific contract that started this conversation does not have 52.211-15 but block 13a-b on the 1449 are filled in affirming that it is a rated order.  (think they were burning the midnight oil on these since one of them list DO-A6 "Ammunition" as the program).  Whether its still a rated order without the clause could be an interesting side discussion but the question would still remain, if the IDC is rated, would the delivery orders be rated as well? 

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24 minutes ago, sackanator said:

Whether its still a rated order without the clause could be an interesting side discussion but the question would still remain, if the IDC is rated, would the delivery orders be rated as well? 

Yes. Assuming the DPAS clause applies, see FAR 52.216-18, paragraph (b): 

Quote

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

 

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Had the DFAR version of the clause 252.216-7006 ORDERING (no longer exists)  (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

So, basically yes.  Thanks Vern.    

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17 hours ago, sackanator said:

Reason asking is vendor stated that she received guidance from the CHESS program that delivery orders had to individually have the DPAS rating.  I am not sure why you would have a rating in the base contract and then have to put them in all the delivery orders when DoD 4400.1 and 15 CFR 700 seem to state that you shall use the DPAS rating (baring that none of the exceptions apply).

Maybe this helps clarify as well...from 15 CFR Part 700...

"§ 700.12 Elements of a rated order.

(a) Elements required for all rated orders.

(1) The appropriate priority rating and program identification symbol (e.g., DO-A1, DX-A4, DO-N1).

(2) A required delivery date or dates. The words “immediately” or “as soon as possible” do not constitute a delivery date. When a “requirements contract,” “basic ordering agreement,” “prime vendor contract,” or similar procurement document bearing a priority rating contains no specific delivery date or dates, but provides for the furnishing of items from time-to-time or within a stated period against specific purchase orders, such as “calls,” “requisitions,” and “delivery orders,” the purchase orders supporting such contracts or agreements must specify a required delivery date or dates and are to be considered as rated as of the date of their receipt by the supplier and not as of the date of the original procurement document.

(3) The written signature on a manually placed order, or the digital signature or name on an electronically placed order, of an individual authorized to sign rated orders for the person placing the order. The signature, manual or digital, certifies that the rated order is authorized under this part and that the requirements of this part are being followed.

(4) A statement that reads in substance: “This is a rated order certified for national defense use and you are required to follow all the provisions of the Defense Priorities and Allocations System regulations (15 CFR part 700).”

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2 hours ago, C Culham said:

(4) A statement that reads in substance: “This is a rated order certified for national defense use and you are required to follow all the provisions of the Defense Priorities and Allocations System regulations (15 CFR part 700).”

When I issued the Delivery Order I didn't include that statement, that's would be the only thing that would make me think that it wasn't a proper rated order.  

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1 hour ago, sackanator said:

When I issued the Delivery Order I didn't include that statement, that's would be the only thing that would make me think that it wasn't a proper rated order.  

I might agree using the basics of your posts.  The 1449 appropriate blocks indicate rated yet no 52.211-15 in its terms and conditions suggests the possibility of both rated and unrated orders can be issued where 52.211-15 would end up in the order.   Since a IDIQ states its ground rules I wonder if a full and concise read of the CHESS IDIQ might provide the explicit answer.  

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On 5/19/2022 at 11:28 AM, sackanator said:

Reason asking is vendor stated that she received guidance from the CHESS program that delivery orders had to individually have the DPAS rating.

The DPAS rating applies to a supplier at all levels when the DPAS rating/requirement is included in the contract between a supplier at any level and its higher level customer (this includes the customer called Government.) You must examine the terms of the contract between this "vendor" and its customer to know whether the DPAS rating/requirement was flowed.  

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