DFARS 252.225-7052 and 252.225-7961: is there guidance on performance before an existing contract is modified?

The DPCAP memorandum of October 5, 2026 directs contracting officers to incorporate 252.225-7961 and remove 252.225-7052 in existing contracts as soon as practicable, and not to request consideration when making the modification under FAR 1.107(d). Clause 7052 applies its upstream restriction to deliveries from January 1, 2027. Clause 7961 and the statute as amended by section 848 attach it to contracts awarded on or after that date. One reading keeps the 7052 text binding on performance until the modification is made. The other treats the amended statute and the directed replacement as removing the upstream restriction for contracts awarded before that date.

Consequence

No specific contract awaiting this modification has been identified.

Proposed correction

Please indicate whether supplementary guidance addresses performance pending the directed modification.

Jurisdiction

United States — federal

Act

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

Place

DFARS 252.225-7052 and 252.225-7961; DPCAP memorandum of October 5, 2026

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

Documented search. Quotations are verbatim from the official material; translations are ours and marked.

Contracting Officers (COs) must take the following actions as soon as practicable:

When modifying existing contracts under the authority at Federal Acquisition Regulation 1.107(d), do not request consideration.

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

Section 848 amends section 844 of the NDAA for FY 2021 to clarify that the restriction at 10 U.S.C. 4872(a) on covered materials mined, refined, or separated in a covered country applies only to contracts awarded on or after January 1, 2027.

How to check it without Arxo's tools

1. Open DPCAP memorandum of October 5, 2026: incorporation of DFARS 252.225-7961 in existing contracts and find DPCAP memorandum of October 5, 2026; DPCAP memorandum of October 5, 2026, third action. Compare the text with the quotation above. A copy is kept in this register: dcb582520193e2fd-dpcap-2026-10-05-7052-replacement.pdf (SHA-256 dcb582520193e2fd51266864edaf35e00c39ad15137a81d137be982bfbe4ec16, 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)(1)(ii). 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. 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, memorandum. 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).
4. 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-2026-0249, https://arxo.io/findings/ARXO-2026-0249/ (status as of 2026-10-29). Data: ARXO-2026-0249.json.