DoD Clarifies Flowdown for DFARS 252.225-7009 Specialty Metals Clause

The Department of Defense has finalized its proposed rule clarifying the flowdown requirements for the clause at DFARS 252.225-7009, Restriction on Acquisition of Certain Articles Containing Specialty Metals.

The final rule in DFARS Case 2014-D011 amends the Defense Federal Acquisition Regulation Supplement to remove the requirement in DFARS 252.225-7009(e) to insert the “substance of the clause” in subcontracts. The only modifications allowed under the revised flowdown requirement are:

  • Excluding and reserving paragraph (d), which addresses compliance for commercial derivative military articles;
  • Modifying paragraph (c)(6) only as necessary to facilitate management of the allowance for up to 2 percent otherwise noncompliant specialty metal content in the end product, while recognizing that the minimal content exception does not apply to specialty metals contained in high-performance magnets; and
  • Identification of the appropriate parties.

DoD made no changes in response to the two comments it received on the proposed rule. The rule went into effect on October 14, 2014.

Do you regularly work with DFARS contract clauses?  The DFARS Matrix Tool seamlessly improves compliance workflow by consolidating DFARS contract clause and solicitation provision requirements–including subcontractor flowdown requirements–in an easy-to-read chart format. You can find out more about the tool by viewing a two minute demonstration.

About William Van Huis

Bill Van Huis is a Senior Writer/Analyst for Wolters Kluwer Law & Business who tracks and analyzes new regulations impacting federal government contracting. He also follows court decisions involving bid protests and contract disputes. You can find his work in WK publications like Government Contract Reports and the FAR and DFARS Matrix Tools. Bill is a Certified Professional Contracts Manager, and he has a law degree from Southern Illinois University, where he graduated summa cum laude. Prior to joining WK, Bill worked both inside and outside state and local government in the areas of procurement and municipal finance. Bill also worked as a staff attorney for the Illinois Supreme Court.
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