DFARS 225.7018-2(a)(2) and clause 252.225-7961: does “mined, refined, or separated” reach ore and feedstock stages?

For contracts awarded on or after January 1, 2027, Class Deviation 2026-O0041, Revision 1, bars covered material “mined, refined, or separated in any covered country”, and clause 252.225-7961 uses the same words. The earlier clause 252.225-7052 described the restriction for each listed material, from mining or production of an ore or feedstock, including recycled material, through finished products. One reading applies the new words to the ore and feedstock stages from which the listed material is made. The other limits them to the listed covered material itself.

Consequence

No contract with a different result under the two readings has been established.

Proposed correction

Please clarify how the revised wording applies to earlier ore and feedstock stages.

Jurisdiction

United States — federal

Act

Defense Federal Acquisition Regulation Supplement (48 CFR chapter 2) and Class Deviation 2026-O0041, Revision 1

Place

DFARS 225.7018-2(a)(2) and clause 252.225-7961(b)(1)(ii) (Class Deviation 2026-O0041, Revision 1)

Record

Question of reading or data

Class

Question of reading or data

Where it arose

The text of the act

Arxo's conclusion

Confirmed

Official text

Unchanged at last check

Last checked

2026-10-29

Evidence

Pair of quotations. Quotations are verbatim from the official material; translations are ours and marked.

Do not award a contract on or after January 1, 2027, for any covered material mined, refined, or separated in any covered country.

The Contractor shall not deliver under a contract awarded on or after January 1, 2027, any covered material mined, refined, or separated in any covered country.

this restriction includes mining or production of a tungsten ore or feedstock, including recycled material, through production of tungsten metal powders

for samarium-cobalt magnets this restriction includes the entire supply chain from mining or production of a cobalt and samarium ore or feedstock, including recycled material, through production of finished magnets

How to check it without Arxo's tools

1. Open DoD Class Deviation 2026-O0041, Revision 1 (July 1, 2026), Attachment A1: FAR Overhaul Part 25 and DFARS Part 225 and find Class Deviation 2026-O0041, Rev. 1: DFARS 225.7018-2(a)(2); Class Deviation 2026-O0041, Rev. 1: clause 252.225-7961(b)(1)(ii). Compare the text with the quotation above. A copy is kept in this register: 4866b6f6f7f1f5fb-dfars-rfo-part225-rev1.pdf (SHA-256 4866b6f6f7f1f5fb1f99b4ca828cdb2c03885c29a6a9d474788a0470da2c9b79, copy of the official file).
2. Open eCFR 48 CFR part 252 (currency through 2026-10-27) and find 48 CFR 252.225-7052(b)(5)(ii); 48 CFR 252.225-7052(b)(2)(i)(B). Compare the text with the quotation above. A copy is kept in this register: 931f2c8a0276b5a3-ecfr-48-252-2026-10-27.xml (SHA-256 931f2c8a0276b5a3a06498a79187b268df5ccf2ac9701201e6efda9b59ea1bd4, copy of the official file).
3. The finding holds if the quoted passages read as shown and the comparison gives the result stated at the top of this page. If it does not, write to us with the record ID.

How this finding was made

AI agents read the official texts and compared the provisions, clauses and preambles; they also drafted this record. A person at Arxo approved the report before it was sent.

Responsible institutions

• Department of Defense, Defense Pricing, Contracting, and Acquisition Policy — author of the DFARS and the class deviation

Reported to

Responses

No response recorded.

History

1. 2026-10-29Confirmed by Arxo
2. 2026-10-29Reported to Department of Defense, Defense Pricing, Contracting, and Acquisition Policy (e-mail)
3. 2026-10-31Entered in the register

Cite this record

Arxo Law, Arxo Findings Register, ARXO-2026-0248, https://arxo.io/findings/ARXO-2026-0248/ (status as of 2026-10-29). Data: ARXO-2026-0248.json.