DFARS 252.225-7009: What Specialty Metals Compliance Really Requires

Quick Answer: DFARS 252.225-7009 (JAN 2023), "Restriction on Acquisition of Certain Articles Containing Specialty Metals," requires that all specialty metals (specific stainless and high-strength steels, titanium, certain superalloys, and zirconium alloys) used on defense end items be melted or produced inside the United States or in a permitted qualifying country listed under 10 U.S.C. 4863.

The clause flows down to all subcontract tiers, including the Tier-2 fabricator. To be DFARS-compliant on quote, a fabricator must verify mill source and produce Mill Test Reports showing the melt and produce country for every specialty-metal heat in the part. Missing the COTS exception or sourcing from a non-qualifying country are the two most common disqualifying mistakes.

When a Prime contractor flows DFARS 252.225-7009 down to a Tier-2 sheet metal supplier, the supplier's quality manager has a fixed window, usually the time between RFQ acknowledgment and quote submission, to verify that every gram of specialty metal in the proposed part was melted or produced in a permitted source country. Get this wrong on quote and the bid is non-responsive. Get it wrong on delivery and the part is non-conforming under the contract.

This post walks through what the clause actually says, what flows down to a fabricator, and the four mistakes that disqualify the most quotes.

What the clause covers, and where the JAN 2023 version stands

DFARS 252.225-7009, "Restriction on Acquisition of Certain Articles Containing Specialty Metals," carries a JAN 2023 effective date and remains operative through 2026. Its statutory basis is 10 U.S.C. 4863, the specialty metals statute (formerly 10 U.S.C. 2533b). The clause defines "specialty metals" in four categories:

1. Steel with maximum alloy content exceeding manganese 1.65%, silicon 0.60%, or copper 0.60%, or containing more than 0.25% of aluminum, chromium, cobalt, molybdenum, nickel, niobium, titanium, tungsten, or vanadium.
2. Nickel or iron-nickel alloys with more than 10% alloying metals other than nickel and iron; cobalt alloys with more than 10% other alloying metals.
3. Titanium and titanium alloys.
4. Zirconium and zirconium alloys.

If you are fabricating a part that contains any of these, and the contract carries DFARS 252.225-7009, then per paragraph (b) of the clause: "Any specialty metals incorporated in items delivered under this contract shall be melted or produced in the United States, its outlying areas, or a qualifying country." The qualifying-country list is published at DFARS 225.003 and includes Australia, Canada, the United Kingdom, Germany, and over twenty others.

A defense fabricator who routinely cuts 304L stainless, 6Al-4V titanium, or low-alloy structural steel touches all four categories on a typical week.

The flow-down rule that catches Tier-2 suppliers

Paragraph (e) of the clause requires the contractor to flow paragraphs (a) through (c) of the clause into subcontracts, but only into subcontracts for items containing specialty metals. Paragraphs (d) and (e)(1) are explicitly excluded from flow-down. This was clarified in the DFARS Case 2014-D011 final rule, published in the Federal Register on October 14, 2014.

In practice, that means a fabrication supplier receiving a DFARS-flowdown purchase order for, say, mild steel weldments containing no specialty metals does not legally inherit the clause text, but the prime contractor's compliance officer may still require certification, because the prime's own records depend on a clean traceability paper trail. The correct fabricator response is to recognize when the clause genuinely applies versus when the prime is performing belt-and-suspenders due diligence.

The four mistakes that kill specialty-metals quotes

1. Treating "specialty metals" as a Berry Amendment item. It is not. Berry Amendment (10 U.S.C. 4862) covers food, clothing, tents, hand tools, and measuring instruments. Specialty metals is a separate statute with a different exception structure. Mixing the two on a quote signals to the procurement officer that the fabricator does not understand what they are bidding on.

2. Assuming COTS is an automatic exception. Paragraph (c) of 252.225-7009 lists several exceptions, including a COTS (Commercially Available Off-the-Shelf) carve-out. But the carve-out explicitly excludes specialty metal mill products, specialty metal forgings, specialty metal castings, and most fasteners, unless the fastener manufacturer certifies that at least 50% of its annual specialty metal usage by mass is domestic. Many fabricators read "COTS exception" and stop reading.

3. Confusing "melted or produced" requirements. For titanium, the test is generally "melted," meaning the original ingot must be melted in the U.S. or a qualifying country, even if downstream rolling happens elsewhere. For zirconium and some other specialty metals, the test is "produced." A mill certificate that documents heat origin but not melt origin is non-responsive on titanium.

4. Forgetting the de minimis rule. End items containing 2% or less by weight of otherwise noncompliant specialty metals are exempt, but high-performance magnets are excluded from de minimis. A 1.5% noncompliant tungsten content in a brazing alloy is exempt; a 0.5% samarium-cobalt magnet is not. Most fabricators rule themselves out by overlooking de minimis on the upside, or assert it incorrectly on magnets.

What your fabricator should produce on quote

A fabricator working a DFARS 252.225-7009 part should be able to supply, on RFQ:

• A material identification matched to your engineering drawing's call-out (with revision).
• The proposed mill source: name, location, and qualifying-country status.
• The mill test report (MTR) format expected on delivery, traceable to heat lot.
• Whether any specialty metal in the part claims the de minimis, qualifying country, or CDMA exception, with documentation.

New Tech Metals carries DFARS Material Compliance as part of its Certified Quality footprint, alongside ISO 9001:2015, AWS Certified Welders, ITAR, NIST and CMMC, and DDTC registration. Specialty-metals traceability is built into the quoting process, not a downstream add-on.

What changed in 2025 to 2026

There has been no substantive amendment to the 7009 clause text in 2024 to 2026; the JAN 2023 version remains operative. However, DFARS Case 2021-D015, published May 30, 2024, added a separate restriction on tungsten, tantalum, and certain magnets under DFARS 252.225-7052. Procurement officers and fabricators occasionally conflate 7052 with 7009; they are independent clauses with different scopes and different exception structures.

Action

If you are evaluating a Tier-2 fabrication supplier for a DFARS-flowed contract, request three documents at minimum: an ISO 9001 certificate, a sample MTR demonstrating heat-lot traceability, and a written statement confirming the supplier's process for sourcing specialty metals from qualifying countries. A supplier who can produce all three without a follow-up is materially less risky on delivery.

To request a DFARS-aware fabrication quote, contact New Tech Metals.