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Supporting National Security TACOM APBI

Learn about DPAS regulations, objectives, legal authority, industry actions, compliance measures, and contact information for assistance.

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Supporting National Security TACOM APBI

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  1. Supporting National Security TACOM APBI Liam McMenamin Senior Staff Officer Office of Strategic Industries and Economic Security Bureau of Industry and Security U.S. Department of Commerce www.bis.doc.gov/osies

  2. Commerce RoleDefense Priorities and Allocations System (DPAS) TACOM APBI October 27, 2005 Liam McMenamin Senior Staff Officer

  3. Defense Priorities and Allocations System (DPAS)Regulations(15 CFR 700)

  4. DPAS Objectives • Keep Current Defense And Emergency Preparedness Programs On Schedule • Provide System For Rapid Industrial Response (Acceleration / Expansion) In A National Emergency • Minimize Disruption To Normal Company Commercial Activities

  5. DPAS Legal Authority • Defense Production Act of 1950 • Acceptance And Priority Performance On Rated Contracts And Orders • Allocation Of Materials, Services, And Facilities Essential To The National Defense • Stafford Act (1994 revision) • Priorities Authority Is Used For “Hazards” • Catastrophic Natural Disaster • Man-Caused (Terrorism) Event • DO-N1 Priority Rating

  6. Commerce Delegation of DPA (Title I) Priorities and Allocations Authority forIndustrial Resources

  7. Responding to a “Rated Order”Industry Actions • Mandatory Acceptance Of Rated Orders • Except As Provided By The Rules • Preferential Scheduling Of Rated Orders • Timely Delivery To Customers • Mandatory Extension Of Priority Ratings • Timely Delivery From Vendors And Suppliers

  8. DPAS In The Current Environment • DOD Applies DPAS To 750,000 Contract Actions Annually • DPAS Is Used To Make Sure American Men And Women Stay Safe And Prepared • Apply Priority Rating – Insurance Policy • Give Field Commanders Critical Items And Tools Necessary To Do Their Jobs

  9. DPAS Responds to the 21st Century Challenges • Shrinking / Globalizing Defense Industrial Base • DOD Commercial (COTS) Sourcing Initiatives And Dual-Use Products • Supports Industry’s Just-In-Time Production And Delivery Practices

  10. Special Priorities AssistanceProgram Manager Actions • Investigate Assumptions and Facts to Determine Possible Remedies • Coordinate With Affected parties • Negotiate An Acceptable Solution

  11. Special Priorities AssistanceOfficial Actions • Directive – Order Requiring Supplier To Deliver Or Take Other Action Within A Specified Time Frame • Letter Of Understanding – Informal Agreement With Supplier To Expedite Delivery or Take Other Action • Rating Authorization – To Authorize Use Of A Priority Rating By A Foreign Entity Or Other USG Agency

  12. COMPLIANCE • Criminal Prosecution • Defense Production Act $10,000 Fine, 1 Year in Prison, Or Both • Selective Service Act $50,000 Fine, 3 years In Prison, Or Both • Civil Injunction Under DPA • - Prohibit Action • - Enforce Compliance

  13. Contact Information Liam McMenamin Senior Staff Officer OSIES/Room 3876 U.S. Department of Commerce Washington, D.C. 20230 Tel: (202) 482-3634 Email: lmcmenam@bis.doc.gov Web Site: www.bis.doc.gov Click On Industrial Base Programs

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