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.
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