DOE O 544.1A, Priorities and Allocations Program

AVAILABLE ONLINE AT: INITIATED BY: www.directives.doe.gov Office of Cybersecurity, Energy Security, and Emergency Response U.S. Department of Energy ORDER Washington, DC Approved: 1-29-2024 SUBJECT: PRIORITIES AND ALLOCATIONS PROGRAM 1. OBJECTIVE. a. To establish coordinated responsibilities for the administration of the Department of Energy (DOE) Priorities and Allocations Program (Program) as authorized through Title I of the Defense Production Act of 1950 (DPA), as amended. b. To maintain for both non-emergency and emergency conditions a Program that will: (1) Promote the national defense with respect to energy production and construction, distribution and use, and directly related activities; (2) Maximize domestic energy supplies; and (3) Make appropriate Program Determinations and carry out DOE’s Rating Authority in furtherance of promoting national defense and maximizing domestic energy supplies. 2. CANCELS/SUPERSEDES. DOE O 544.1, Priorities and Allocations Program, dated 11-7-17. Cancellation of a directive does not, by itself, modify or otherwise affect any contractual obligation to comply with such a directive. Canceled directives that are incorporated by reference in a contract remain in effect until the contract is modified to delete the reference to the requirements in the canceled directive. 3. APPLICABILITY. a. All Departmental Elements, Including National Nuclear Security Administration (NNSA) Elements. This Order applies to all Departmental elements. The NNSA Administrator will ensure that NNSA employees and contractors comply with their respective responsibilities under this Order. b. Contractors will follow the Contractor Requirements Document (CRD), included as Attachment 1. DOE O 544.1A http://www.directives.doe.gov/ Page 2 DOE O 544.1A 11-29-2024 4. REQUIREMENTS. a. General. (1) Because the Program implements DPA authorities delegated by the President to DOE and other agencies, the Program must reflect coordination across Departmental elements and the interagency community charged with implementing the DPA. (2) NNSA must fulfill its unique role in support of Department of Defense programs while coordinating its Program actions with other Departmental elements as directed in this Order. (3) The Under Secretary for Infrastructure, acting through the Office of Cybersecurity, Energy Security, and Emergency Response (CESER), will lead DOE coordination internally and externally on Program implementation. b. Requests for a Priority Rating. A priority rating on a contract or order obligates the supplier to comply with the terms of the contract or order even if it would negatively affect compliance with pre-existing, non-rated orders from other customers. DOE has authorities, either delegated by the President or re-delegated from the Department of Commerce, to place or authorize others to place rated contracts and orders under certain circumstances. (1) Use of Rating Authority for Industrial Resources to Promote the National Defense under the Defense Priorities and Allocations System (DPAS). (a) Departmental elements, with the exception of NNSA elements, seeking a Priority Rating for Industrial Resources must submit requests through their Head of Contracting Activity (HCA) to the Under Secretary for Infrastructure, acting through the Designated CESER Official. The HCA must provide supporting documentation as directed by the Under Secretary for Infrastructure, acting through the Designated CESER Official. This may include the Department of Commerce Form BIS-999 or substitute form.

(b) NNSA elements will follow processes established by the NNSA Administrator to use Rating Authority in support of Department of Defense Program Determinations. For any proposed action requiring a new or revised DOE Program Determination, the Under Secretary for Infrastructure, acting through the Designated CESER Official, will coordinate the issuance of a new or revised DOE Program Determination. DOE O 544.1A Page 3 1-29-2024 (2) Use of Rating Authority for Energy Resources to Promote the National Defense under the Energy Priorities and Allocations System (EPAS). (a) Departmental elements, with the exception of NNSA elements, seeking a Priority Rating for Energy resources, such as fuel, must submit requests through their HCA to the Under Secretary for Infrastructure, acting through the Designated CESER Official. The HCA must provide supporting documentation as directed by the Under Secretary for Infrastructure, acting through the Designated CESER Official. Due to the significant consequences of federal intervention into Energy markets, the Under Secretary for Infrastructure, acting through the Designated CESER Official, may conduct additional due diligence. (b) Due to the significant consequences of federal intervention into Energy markets, NNSA elements seeking a Priority Rating for Energy resources must notify the Under Secretary for Infrastructure, acting through the Designated CESER Official, five business days prior to Priority Rating issuance (3) Use of Rating Authority to Maximize Domestic Energy Supplies. The underlying statutory authority has been delegated by the President in a manner split between DOE and the Department of Commerce. The Under Secretary for Infrastructure, acting through the Designated CESER Official, in consultation with the Office of the General Counsel, will evaluate whether any request for a Priority Rating from Departmental elements may be implemented through this alternative pathway. c. Requests for Allocations. Any request for allocations, meaning official action to control the distribution of materials, services, equipment or facilities in the domestic market, is an extraordinary request that requires involvement of DOE senior leadership and must be coordinated through CESER. To the extent practicable, such coordination will involve the Deputy Secretary, the Under Secretary for Infrastructure, the Office of Manufacturing and Energy Supply Chains (MESC), the Office of Management (MA), CESER, Office of Electricity (OE), and NNSA. d. Oversight of Program Implementation. Departmental elements with delegated DPA Title I authority must conduct periodic reviews of field element implementation of the Program. Page 4 DOE O 544.1A 11-29-2024 5. RESPONSIBILITIES. DOE Under Secretary (for Infrastructure). (1) Ensure that staff and contractors under their jurisdiction are advised of the responsibilities defined in this Order. (2) Ensure that DOE staff and contractors follow Program procedures and receive the training required to implement Program procedures, noting the different procedures for DPAS and EPAS. (3) Oversee DOE internal and external coordination on Program implementation. (4) Oversee DOE engagement with the Department of Commerce concerning policies, procedures, and regulations of the DPAS. b. Under Secretary for Nuclear Security and NNSA Administrator. (1) Ensure that staff and contractors under their jurisdiction are advised of the responsibilities defined in this Order.

(2) Ensure that NNSA staff and contractors follow Program procedures and receive the training required to implement Program procedures, noting the different procedures for DPAS and EPAS. (3) Exercise delegated authority to issue Priority Ratings with respect to NNSA programs. (4) Oversee coordination of all requests for Special Priorities Assistance with the Department of Commerce as required under DPAS Delegation 2. Provide contemporaneous notification to the Under Secretary for Infrastructure, acting through the Designated CESER Official, of NNSA outreach to the Department of Commerce. (5) Notify the Under Secretary for Infrastructure, acting through the Designated CESER Official, when consulting with agencies other than the Department of Defense for support related to Program implementation. c. Deputy Associate Administrator for Partnership and Acquisition Services. (1) Develop and maintain policies, standards, contract articles, and procedures, and provide Headquarters NNSA direction, coordination, and administration of NNSA-wide DPAS use. (2) Refer Program matters that do not concern NNSA to the Under Secretary for Infrastructure, acting through the Designated CESER Official. (3) Maintain a list of NNSA programs designated as eligible for the DX program rating, as determined by the Department of Defense. DOE O 544.1A Page 5 1-29-2024 (4) Notify the heads of NNSA elements of Program Determinations in effect. (5) Notify heads of field offices and HCAs when eligible Priority Rating applications are approved. (6) Review and coordinate with responsible organizations applications received from HCAs related to the construction or alteration of privately owned facilities. (7) Address field element Program implementation issues and coordinate all requests for Special Priorities Assistance with the Department of Commerce as required under DPAS Delegation 2. Provide contemporaneous notification to the Under Secretary for Infrastructure, acting through the Designated CESER Official, of NNSA outreach to the Department of Commerce. (8) Conduct periodic evaluation of field element Program implementation. (9) Assign to contractors and subcontractors the right, as appropriate and necessary, to place Rated Contracts and Orders for maintenance, repair, and operating supplies under DPAS. (10) Evaluate contractors’ operations under the DPAS and EPAS regulation and procedures to ensure compliance. Ensure that contractors and subcontractors adhere to limitations of applicable authority. (11) Consolidate cross-NNSA data annually and report to the Under Secretary of Infrastructure, acting through the Designated CESER Official, consistent with the congressional and interagency reporting requirements identified by the Designated CESER Official. Such reporting shall include but not be limited to “Total DO Quantity” and “Total DO Dollars,” “Total DX Quantity” and “Total DX Dollars,” and data by site and also by total NNSA. d. Director of the Office of Acquisition Management. (1) Develop and maintain policies, standards, contract articles, and procedures with respect to MA’s Program responsibilities. (2) Modify responsibilities of HCAs or their representatives to implement policies and procedures issued by the Department of Commerce. (3) Coordinate all requests for Special Priorities Assistance with the Under Secretary of Infrastructure, acting through the Designated CESER Official, who will handle outreach to the Department of Commerce as required under DPAS Delegation 2 and will coordinate with other Departmental elements as appropriate.

Page 6 DOE O 544.1A 11-29-2024 (4) Direct all requests for the issuance of Program Determinations to the Under Secretary for Infrastructure, acting through the Designated CESER Official. (5) Exercise delegated authority to issue Priority Ratings consistent with the terms and scope of the Program Determination issued by the Under Secretary for Infrastructure, acting through the Designated CESER Official with respect to programs falling within MA’s organizational responsibility. e. Heads of Contracting Activity. (1) Ensure that staff and contractors under their jurisdiction are advised of the provisions of this Order and that related procedures are followed. (2) Evaluate their contractors’ operations under the DPAS and EPAS regulation and procedures to ensure compliance. (3) As appropriate, following requisite Program Determination and Priority Rating findings by CESER or NNSA consistent with Section 4, Requirements of this Order, and assign Priority Ratings. (4) Authorize contractors and subcontractors to place Rated Contracts and Orders when advised by the Rating Authority Approving Official that such requests have been approved. (5) Apply or assign to others the authority to apply the DX program rating only when notified of the eligibility of a program by the Rating Authority Approving Official. (6) Authorize contractors and subcontractors to place DPAS Rated Contracts and Orders in accordance with DPAS Delegation 2, 15 CFR Part 700, and applicable guidance. (7) Forward all requests for Special Priorities Assistance to CESER with a copy to OAM Business Clearance. (8) At their discretion, appoint in writing a primary and an alternate representative to the Program who are empowered to carry out the HCA’s responsibilities under this Order. (9) Ensure that appropriate Federal Acquisition Regulation and DOE Acquisition Regulation contract clauses are inserted into solicitations and contracts that are or will be rated under DPAS. f. Director, Office of Cybersecurity, Energy Security, and Emergency Response. DOE O 544.1A Page 7 1-29-2024 (1) Lead DOE internal and external coordination on Program implementation. Ensure full coordination with relevant Departmental elements with respect to DOE’s Program Determinations and Priority Ratings, as appropriate. Ensure full interagency coordination with respect to Program Determinations and Priority Ratings issued by DOE. (2) Lead DOE engagement with the Department of Commerce concerning policies, procedures, and regulations of the DPAS. (3) Evaluate and serve as the approving authority for all DOE Program Determinations and Priority Ratings, except for those issued by NNSA, in accordance with delegated authority. (4) Maintain a list of DOE programs, except NNSA programs, eligible for the DX program rating and notify HCAs or their Program representatives of the eligible programs. (5) Review and coordinate with responsible organizations and program offices the applications received from heads of contracting activities or their delegates for requests associated with the construction or alteration of privately owned facilities. (6) Notify HCAs or their Program representatives of approval of Priority Rating applications. Provide contemporaneous notification to the Director of the Office of Acquisition Management. (7) Conduct research as practicable to identify whether the issuance of a Program Determination or Priority Rating may create a conflict with or unanticipated impact to a DOE or other federal agency program.

(8) Fulfill DOE’s external reporting obligations, to include congressional and interagency requirements, with respect to the issuance of Program Determinations and Priority Ratings. (9) Exercise the authority delegated under section 701 of Executive Order 13603 to coordinate DOE’s participation as part of the Defense Production Act Committee. (10) Exercise the authority delegated to the Secretary in Department of Commerce Defense Priorities and Allocations System Delegation 2, as amended. (11) Manage the execution of the EPAS program, in accordance with 10 CFR Part 217, for all DOE elements except NNSA. (12) In coordination with the Office of Management, exercise the authority under section 203 of Executive Order 13603 to maximize domestic energy Page 8 DOE O 544.1A 11-29-2024 supplies. Serve as the communications conduit with the Department of Commerce to ensure all necessary findings. (13) Facilitate the adjudication of conflicting or redundant Program Determinations and Priority Ratings across DOE program offices, Power Marketing Administrations, and laboratories (M&O contractors subject to the requirements in the CRD). g. Director, Office of Manufacturing and Energy Supply Chains. (1) Coordinate with the Undersecretary of Energy, acting through the Designated CESER Official, Director of the Office of Acquisition Management, Deputy Associate Administrator for Partnership and Acquisition Services, and General Counsel on Department-wide DPA policy. (2) Work with the Under Secretary for Infrastructure, acting through the Designated CESER Official to identify supply chain vulnerabilities that merit additional DOE action. h. DOE Office of the General Counsel. (1) Serve as legal counsel on Department-wide DPA policy and coordinate with NNSA OGC as appropriate. (2) As appropriate and necessary, advise on all activities that deviate from the provisions of this Directive. (3) Evaluate proposed Program Determinations and uses of Rating Authority to fulfill DOE delegation orders. (4) Represent Departmental elements in interagency legal discussions concerning DPA statutory and regulatory interpretation. i. NNSA Office of the General Counsel. (1) As appropriate and necessary, advise on NNSA activities that deviate from the provisions of this Directive in coordination with DOE Office of the General Counsel. (2) Evaluate proposed NNSA uses of Rating Authority to fulfill DOE delegation orders. (3) Represent NNSA in interagency legal discussions concerning DPA statutory and regulatory interpretation in coordination with DOE Office of the General Counsel. DOE O 544.1A Page 9 1-29-2024 6. REFERENCES. DOE Secretarial Delegation Orders are available online at https://www.directives.doe.gov/delegation. a. Defense Production Act of 1950, dated 9-8-50, as amended, 50 U.S.C. 4501 et seq., Title I, which authorizes the President to require the priority performance of contracts or orders, and to direct the allocation of materials and facilities, under certain circumstances. Under section 101(a), the President may require the performance on a priority basis of contracts or orders, and to allocate materials, services and facilities, as he deems necessary or appropriate to promote the national defense. Section 101(c) authorizes the President to require priority performance of contracts or orders relating to materials, services, or facilities to maximize domestic energy supplies if he makes certain findings.

b. Defense Priorities and Allocations System Delegation 2, “Delegation of Authority to the Secretary of Energy,” amended 10-22-21, which authorizes the Secretary of Energy to: (1) place rated contracts and orders for industrial resources provided that certain conditions and requirements related to the underlying program are met; (2) authorize the management and operating contracts responsible for DOE, including NNSA’s National Security Laboratories and Nuclear Weapons Production Facilities to place rated contracts and orders provided that certain conditions and requirements are met; and (3) authorize state, local, Tribal, and territorial governments to place rated contracts and orders for industrial resources, provided that certain conditions and requirements are met. c. Executive Order 13603, “National Defense Resources Preparedness,” dated 03- 16-12, which delegates to the Secretary of Energy the President’s authority under section 101 of the Defense Production Act of 1950 (DPA), as amended, with respect to all forms of energy. EO 13603 also delegates to the Secretary of Energy the authority to determine whether a program is necessary or appropriate to promote the national defense with respect to energy production and construction, distribution and use, and directly related activities. EO 13603 delegates to the Secretary of Commerce the DPA section 101(a) authority with respect to materials, services and facilities not covered by the President’s delegations to other department heads. Finally, EO 13603 delegates the authority under DPA section 101(c) to the Secretary of Commerce, with the proviso the authority to make the finding that materials, facilities, or services are critical and essential to maximizing domestic energy supplies is delegated to the Secretary of Energy. The Secretary of Commerce retains the authority to determine the use of the section 101(c) authority in a particular case is necessary. d. 15 CFR 700, “The Defense Priorities and Allocations System (DPAS) Regulation” and Delegation 2, as revised, which contain the official text for the DPAS regulations to support authorized national defense programs and programs determined by DOE to maximize domestic energy supplies. The Department of Commerce delegates rating authority to the Secretary of Energy under the DPAS Delegation 2. https://www.directives.doe.gov/delegation Page 10 DOE O 544.1A 11-29-2024 e. 10 CFR 216, “Materials Allocation and Priority Performance Under Contracts or Orders to Maximize Domestic Energy Supplies,” which contains the rules, regulations, and procedures for implementing the DOE priorities and allocations program for supplies of materials and equipment necessary to maximize domestic energy supplies pursuant to DPA section 101(c). f. 10 CFR 217, “Energy Priorities and Allocations System,” which provides guidance and procedures for use of the Defense Production Act section 101(a) priorities and allocations authority with respect to all forms of energy necessary or appropriate to promote the national defense g. DOE Delegation Order No. S1-DEL-S5-2014, which delegates to the Under Secretary for Nuclear Security/Administrator for National Nuclear Security Administration the authority to determine whether to utilize the priority contracting authority contained in section 101(a) of the DPA to expedite procurement actions to promote the national defense of the United States. This determination will be made after consultation with the Department of Energy General Counsel and the Assistant Secretary for International Affairs.

h. DOE Delegation Order No. SS-DEL-NAPAS-2022, which delegates to the Deputy Associate Administrator for Partnership and Acquisition Services, the authority of the NNSA Administrator to determine whether to utilize the priority contracting authority contained in section 101(a) of the DPA to expedite procurement actions to promote the national defense of the United States. i. DOE Delegation Order No. S1-DEL-S3-2023, which delegates to the Under Secretary (for Infrastructure), and DOE Delegation Order No. S3-DEL-CR1- 2023, which delegates to the Director of the Office of Cybersecurity, Energy Security, and Emergency Response the authority to exercise the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) authorities under sections 201 – 203 and section 701 of Executive Order 13603 (National Defense Resources Preparedness); or section 4 of Executive Order 11790 (Providing for the effectuation of the Federal Energy Administration Act of 1974), as amended, except insofar as those responsibilities have been assigned to the Under Secretary for Nuclear Security. Exercise the authority under titles I and VII of the Defense Production Act of 1950, delegated to the Secretary in Department of Commerce Defense Priorities and Allocations System (DPAS) Delegation 2, as amended, which authorizes action pursuant to the Department of Commerce DPAS regulation at 15 C.F.R. Part 700. The exercise of any of these authorities is subject to the concurrence of the General Counsel. j. DOE Delegation Order No. S2-DEL-SPE-2022, which delegates to the Director, Office of Acquisition Management the authority to exercise the authorities under sections 101(a) of the Defense Production Act of 1950 delegated to the Secretary in Department of Commerce (DOC) Defense Priorities and Allocations System (DPAS) Delegation 2, as amended, contained in the DOC DPAS regulation at 15 C.F.R. Part 700; and the authorities under section 101(c)(2)(A) of the Defense DOE O 544.1A Page 11 1-29-2024 Production Act of 1950, as delegated to the Secretary by section 203 of Executive Order No. 13603. The exercise of these authorities is subject to the concurrence of the Department's General Counsel. 7. DEFINITIONS. In addition to the definitions contained in the DPAS regulation (15 CFR Part 700) and 10 CFR Parts 216 and 217, the following definitions apply to this Order. a. Defense Priorities and Allocations System (DPAS). Commerce Department regulation and set of procedures that operate to direct the flow of material and products to national defense programs and programs that maximize domestic energy supplies, provide for preferential treatment by industry of contracts and orders placed in support of the programs, and maintain an administrative means of promptly mobilizing the total economic resources of the Nation in the event of a national emergency. b. Designated CESER Official. The Deputy Director of Response and Restoration within CESER, or an alternate official that the Director of CESER designates in writing and acts under authority from the Under Secretary for Infrastructure. c. DO. The rating symbol assigned to all authorized programs that are not DX programs. d. DX. The rating symbol assigned only to authorized programs of the highest national priority. e. Energy. All forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.

f. Industrial Resources. All materials, services, and facilities, including construction materials, the authority for which has not been delegated to other agencies under Executive Order 13603. g. National Defense. Programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration. h. Priority Rating. A rating with a prefix of either DO or DX, followed by an authorized program identification symbol, made to a contract or order pursuant to the Defense Production Act of 1950, as amended, or its delegated authority, and which requires the contract or order to be given priority over any other contract or order without such a rating or with a lower precedence rating. Page 12 DOE O 544.1A 11-29-2024 i. Program Determination. A finding made by either the Secretary of Defense, Secretary of Energy, or Secretary of Homeland Security that a program within its departmental purview is necessary or appropriate to promote the national defense. Programs under the purview of the Secretary of Energy include those with respect to energy production and construction, distribution and use, and directly related activities. The authority to make a DOE program determination has been delegated to DOE Under Secretary for Infrastructure and Director of CESER. j. Rated Order or Contract. A prime contract, a subcontract, or a purchase order for services, products, or materials, which may be rated in accordance with the relevant Program regulation. k. Rating Authority. The authority delegated to the Secretary of Energy in Executive Order 13603 sections 201 and 203 to place or authorize others to place rated contracts and orders. This also includes the authority delegated to DOE in the Defense Priorities and Allocations System (DPAS) Delegation 2, to place or authorize others to place rated contracts and orders. l. Rating Authority Approving Official. (1) Designated CESER Official, or (2) For NNSA elements, the Director, Office of Procurement and Assistance Management for Rating Authority using DPAS. m. Special Priorities Assistance. Any form of assistance that is provided to the recipient of a Priority Rating following its issuance and which is intended to help resolve unanticipated issues that have caused or may cause delays in the delivery of the items or services covered by the Priority Rating beyond those expected at the time the Priority Rating was issued. Special Priorities Assistance may be used, for example, to resolve delivery conflicts, expedite deliveries, or locate suppliers. This definition applies to the term Special Priorities Assistance as it is used in this Directive. The term special priorities assistance may be used elsewhere to refer to the full scope of Federal agency activities associated with issuing a priority rating as authorized by section 101 of the Defense Production Act of 1950, as amended, however that is not the intended use of the term within this Directive. 8. CONTACT. Office of Cybersecurity, Energy Security, and Emergency Response (CESER) 202-XXX-XXXX BY ORDER OF THE SECRETARY OF ENERGY: DAVID M. TURK Deputy Secretary DOE O 544.1A Attachment 1 1-29-2024 Page 1

ATTACHMENT 1 CONTRACTOR REQUIREMENTS DOCUMENT This process applies to all DOE, including NNSA contracts including, but not limited to M&O and all other contracts that include obtaining products or supplies, as appropriate and necessary. The contractors will take the results of their prime contract DPAS rating and apply it to their contracts and sub-contracts. Regardless of the performer of the work, the contractor is responsible for complying with the requirements of this CRD. The contractor is responsible for flowing down the requirements of this CRD to subcontractors at any tier to the extent necessary to ensure the contractor’s compliance with the requirements. 1. GENERAL. a. DOE elements must meet the requirements of Department of Commerce Defense Priorities and Allocations System Delegation 2, as amended, for Industrial resources that have been determined to be necessary or appropriate to promote the national defense. b. DOE elements must meet the requirements of DOE’s Energy Priorities and Allocations System (EPAS), found at 10 CFR Part 217 for Energy resources that have been deemed necessary or appropriate to promote the national defense. 2. PROCESS. a. NNSA elements will: (1) Place DO and DX priority rated contracts and orders for Industrial resources as authorized by Department of Commerce Defense Priorities and Allocations System Delegation 2 section C(5)(a) and (b)), as amended. (2) Submit a request for Priority Rating to the cognizant Site Contracting Officer for concurrence including the following: (a) Relevant DPA Program Determination issued by the Department of Defense. (b) Statement describing program need for the Priority Rating of Energy resources, as authorized under 10 CFR Part 217. (c) Suggested timeline for approval, including 5 business day notice to the Designated CESER Official. Page 2 DOE O 544.1A 1-29-2024 b. All other non-NNSA DOE elements will submit a request for Priority Rating through their HCA to the Under Secretary for Infrastructure, acting through the Designated CESER Official with g the following: (1) Relevant DPA Program Determination issued by DOE, if one exists. (2) Department of Commerce BIS-999 (Request for Special Priorities Assistance) or substitute form for Industrial resources. (3) Statement describing program need for the Priority Rating of Energy resources, as authorized under 10 CFR Part 217. 3. REPORTING. a. All DOE elements other than NNSA will submit reports through their HCA to the Under Secretary for Infrastructure, acting through the Designated CESER Official on the issuance and usage of all Priority Ratings annually or as otherwise required to support DOE’s authorities, as determined by the Designated CESER Official. b. NNSA elements will submit reports to the Deputy Associate Administrator for Partnership and Acquisition Services on the issuance and usage of all Priority Ratings and as otherwise required, who will in turn submit reports to the Under Secretary for Infrastructure, acting through the Designated CESER Official, annually consistent with DOE O 544.1.

1. OBJECTIVE. 2. CANCELS/SUPERSEDES. DOE O 544.1, Priorities and Allocations Program, dated 11-7-17. Cancellation of a directive does not, by itself, modify or otherwise affect any contractual obligation to comply with such a directive. Canceled directives that a... 3. APPLICABILITY. 4. REQUIREMENTS. (a) Departmental elements, with the exception of NNSA elements, seeking a Priority Rating for Industrial Resources must submit requests through their Head of Contracting Activity (HCA) to the Under Secretary for Infrastructure, acting through the Desi... (b) NNSA elements will follow processes established by the NNSA Administrator to use Rating Authority in support of Department of Defense Program Determinations. For any proposed action requiring a new or revised DOE Program Determination, the Under ... (a) Departmental elements, with the exception of NNSA elements, seeking a Priority Rating for Energy resources, such as fuel, must submit requests through their HCA to the Under Secretary for Infrastructure, acting through the Designated CESER Officia... (b) Due to the significant consequences of federal intervention into Energy markets, NNSA elements seeking a Priority Rating for Energy resources must notify the Under Secretary for Infrastructure, acting through the Designated CESER Official, five bu... 5. RESPONSIBILITIES. 6. REFERENCES. DOE Secretarial Delegation Orders are available online at https://www.directives.doe.gov/delegation. 7. DEFINITIONS. In addition to the definitions contained in the DPAS regulation (15 CFR Part 700) and 10 CFR Parts 216 and 217, the following definitions apply to this Order. 8. CONTACT. Office of Cybersecurity, Energy Security, and Emergency Response (CESER) 202-XXX-XXXX ATTACHMENT 1 CONTRACTOR REQUIREMENTS DOCUMENT 1. GENERAL. 2. PROCESS. (a) Relevant DPA Program Determination issued by the Department of Defense. (b) Statement describing program need for the Priority Rating of Energy resources, as authorized under 10 CFR Part 217. (c) Suggested timeline for approval, including 5 business day notice to the Designated CESER Official. 3. REPORTING.