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    Can a U.S. manufacturer make gages/tools out of specialty metals that are not U.S. origin if the contract contains DFAR 252.225-7008 (which deals with just the metals) but does not contain DFAR 252.225-7009 (which deals with the metals in finished components)? It seems a contractor could deliver components with non-U.S. metals as long as DFAR 7009 was not a requirement. Is the a correct interpretation? If not, please explain how DFAR 7008 would apply to finished components?


    Answer

    You asked me to compare and contrast the use of DFARS clause 252.225-7008 (regarding specialty metal mill products as end items) in contrast with 252.225-7009 (regarding manufactured parts that contain specialty metal). You are correct that 252.225-7080 does not apply to manufactured items that contain specialty metal.

    10 USC 2533b, the legislation implemented by DFARS 225.7003 and its clauses (252.225-7008, 252.225-7009, and 252.225-7010), requires DoD and contractors to flow down the clauses at all levels of the supply chain.

    You are correct that 252.225-7008 refers to DoD procurement of specialty metals as end items. Some DoD depots actually order specialty metal mill products as end items, although this is limited to a few organizations. More frequently, prime contractors or their subcontractors use 252.225-7008 to order specialty metal mill products as end items.

    DFARS 252.225-7009 applies to manufactured components that contain specialty metals. A contract must contain DFARS 252.225-7009 for a U.S. manufacturer to comply with the law 10 USC 2533b and the DFARS regulation that implements it.

    Both clauses flow down from DoD via the prime contractor to the subcontractors at all levels, and most contracts contain both clauses. You might ask your supplier why he or she did not include 252.225-7009 in the contract.

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