The Government’s use of “performance specifications” is preferred over “design specifications”. FAR 11.104(a).

The use of a liquidated damages clause should be limited to those contract where timely delivery is critically important to the Government’s mission and the damages that would be incurred by the Government as a result of the delay cannot reasonably be calculated. FAR 11.501(a).

The Government’s Defense Priorities and Allocation System (DPAS) is based upon a Department of Commerce regulation.  FAR 11.600.

The application of DPAS is limited to contractor who offer or provide certain enumerated products or services deemed critical to our nation’s national security, emergency preparedness and energy requirements. The list of affected products and services can be found at 15 CFR 700. FAR 11.600.