252.225-7052 — Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.

DFARS 252.225-7052 — Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten. As prescribed in 225.7018-5, use the following clause: Restriction on the Acquisition of Certain Magnets, Tantalum, and Tungsten (May 2024) (a) Definitions. As used in this clause— Assembly means an item forming a portion of a system or subsystem that— (1) Can be provisioned and replaced as an entity; and (2) Incorporates multiple, replaceable parts. Commercially available off-the-shelf item — (1) Means any item of supply that is— (i) A commercial products (as defined in paragraph (1) of the definition of “commercial products” in section 2.101 of the Federal Acquisition Regulation); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, under this contract or a subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Component means any item supplied to the Government as part of an end item or of another component. Covered country means— (1) The Democratic People's Republic of North Korea; (2) The People's Republic of China; (3) The Russian Federation; and (4) The Islamic Republic of Iran. Covered material means— (1) Samarium-cobalt magnets; (2) Neodymium-iron-boron magnets; (3) Tantalum metals and alloys; (4) Tungsten metal powder; and (5) Tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy. Electronic device means an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits. End item means the final production product when assembled or completed and ready for delivery under a line item of this contract. Subsystem means a functional grouping

• (1) Except as provided in paragraph (c) of this clause— (i) Effective through December 31, 2026, the Contractor shall not deliver under this contract any covered material melted or produced in any covered country, or any end item, manufactured in any covered country, that contains a covered material; and (ii) Effective January 1, 2027, the Contractor shall not deliver under this contract any covered material mined, refined, separated, melted, or produced in any covered country, or any end item, manufactured in any covered country, that contains a covered material (section 854, Pub.
• (2) If the authorized agency official concerned has made a nonavailability determination, in accordance with section 225.7018-4 of the Defense Federal Acquisition Regulation Supplement, that compliant covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price.
• (i) For tantalum metal, tantalum alloy, or tungsten heavy alloy, the term “required form” refers to the form of the mill product, such as bar, billet, wire, slab, plate, or sheet, in the grade appropriate for the production of a finished end item to be delivered to the Government under this contract; or a finished component assembled into an end item to be delivered to the Government under the contract.
• (ii) For samarium-cobalt magnets or neodymium-iron-boron magnets, the term “required form” refers to the form and properties of the magnets.
• The Contractor shall insert the substance of this clause, including this paragraph (d), in subcontracts and other contractual instruments that are for items containing a covered material, including subcontracts and other contractual instruments for commercial products, unless an exception in paragraph (c) of this clause applies.
• The Contractor shall not alter this clause other than to identify the appropriate parties.