On June 23, 2014, the Defense Acquisition Regulations System, Department of Defense (DoD) published in the Federal Register a proposed rule [DFARS Case 2014–D011] to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the flowdown requirements for the DFARS clause entitled “Restriction on Acquisition of Certain Articles Containing Specialty Metals.” Comments on the proposed rule should be submitted in writing to the address shown in the Federal Register document or before August 22, 2014, to be considered in the formation of a final rule.

The clause at DFARS 252.225–7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals, as prescribed at DFARS 225.7003–5(a)(2), implements 10 U.S.C. 2533b. This clause is used in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that exceed the simplified acquisition threshold and require the delivery of the following items, if such items contain specialty metals: Aircraft, missile or space systems, ships, tank or automotive systems, weapon systems, or ammunition, and components thereof. Except as provided in paragraph (c) of the clause, any specialty metals incorporated in items delivered under the contract shall be melted or produced in the United States, its outlying areas, or a qualifying country. DoD is proposing to revise paragraph (e) of this clause to clarify the requirement to flow this clause down to subcontracts.