Cite as. Gatewell Group, The Gatewell Protocol for Origin Evidence, Profile DM (Defense covered materials) (Public comment draft, Revision 1, September 17, 2026), https://gatewellgroup.com/protocol/profiles/defense-materials/. Cite a clause by its number, which is its anchor: https://gatewellgroup.com/protocol/profiles/defense-materials/#dm.1.1.
Conformity with a profile is a documentation standard. It is not a determination by any contracting officer, awarding agency or other government body that an item complies with the governing instrument, and it guarantees no procurement, award or audit outcome. This document is not legal advice.
DM.1Scope and governing instruments
DM.1.1 This profile applies the Origin Evidence File to an item delivered under a Department of Defense contract carrying the covered-materials restriction, where the item is or contains a covered material. It is written for the prime contractor, for a subcontractor at any tier receiving the flow-down, and for a supplier evidencing the origin of a material it sells into that chain.
DM.1.2 The governing instruments are those named in the front matter, re-retrieved at every revision date and the retrieval evidenced (P.5.1).
DM.1.3 Specialty metals are outside this profile. That regime (10 U.S.C. 4863, DFARS subpart 225.7003, clauses 252.225-7008 and 252.225-7009) runs on where steel, nickel and cobalt alloys, titanium and zirconium were melted or produced, and "produced" is a defined term that reaches powder metallurgy with no melt. This profile runs on the covered materials of 10 U.S.C. 4872. A samarium-cobalt magnet sits under both and a neodymium-iron-boron magnet under one, so DM.3.4 keeps the questions apart. A record under either regime SHALL NOT be recorded as answering the other.
DM.1.4 This profile prescribes evidence and procedure. It sets no material list, covered-nation list, percentage or date of its own; every outcome standard is incorporated by reference from the governing instrument as in force on the revision date (P.2.2).
DM.2The governing test (informative)
Subsection (a)(1): "Except as provided in subsections (c) and (e), the Secretary of Defense may not— (1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation…" Subsection (b), Applicability: "Subsection (a) shall apply to prime contracts and subcontracts at any tier."
Subsection (f)(1) lists the covered materials: (A) samarium-cobalt magnets; (B) neodymium-iron-boron magnets; (C) tungsten metal powder; (D) tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy; (E) tantalum metals and alloys; and (F) molybdenum. Subsection (f)(2) lists the covered nations: North Korea, China, Russia, Iran.
The Office of the Law Revision Counsel future-amendment note records that, effective six years after January 1, 2021, section 4872 is amended by adding to subsection (a) a paragraph (3), "enter into a contract for any covered material mined, refined, or separated in any covered nation," and by striking "tungsten" and inserting "covered material" in subsection (c)(3)(A)(i).
Paragraph (b)(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. L. 118-31; 10 U.S.C. 4872)."
The same clause, at (b)(2)(i)(B), states the reach for samarium-cobalt effective January 1, 2027 as "the entire supply chain from mining or production of a cobalt and samarium ore or feedstock, including recycled material, through production of finished magnets."
Paragraph (b)(1): "Except as provided in paragraph (c) of this clause— (i) 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) 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."
| 252.225-7052 (MAY 2024) | 252.225-7961 (JUN 2026 deviation) | |
|---|---|---|
| Trigger for the upstream restriction | a delivery date | the date of award of the contract |
| Process steps added on January 1, 2027 | mined, refined, separated, melted, or produced | mined, refined, or separated |
| Sunset on the "melted or produced" limb | "Effective through December 31, 2026" | none stated |
The restriction at 225.7018-2 does not apply to an acquisition at or below the simplified acquisition threshold; an acquisition outside the United States of an item for use outside the United States; an acquisition of an end item containing a covered material that is a commercially available off-the-shelf item, other than a COTS item at or above a stated weight proportion, or that is a mill product in the stated forms, or that is an electronic device as the paragraph qualifies it, or that is a neodymium-iron-boron magnet manufactured from recycled material where milling of the recycled material and sintering of the final magnet takes place in the United States; or an acquisition for which a nonavailability determination has been made under 225.7018-4. The weight proportions, the dated changes to them and the qualifications on each exception are in the instrument. The deviation clause states the electronic-device exception differently, at 252.225-7961(c)(1)(iii), as "An electronic device, unless otherwise specified in the contract."
"A samarium-cobalt magnet that is exempt from 10 U.S.C. 4872 because it is incorporated in an electronic device is still subject to the restrictions of 10 U.S.C. 4863, because the exemption under that statute applies to 'electronic component,' which excludes any high performance magnet used in the electronic component (see definition of 'electronic component' at 225.7003-1)."
"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 deviation clause adds: "The Contractor shall not alter this clause other than to identify the appropriate parties."
Subsection (a): "On January 1, 2027, the Secretary of War (Secretary) and the Secretaries of the military departments shall cease to issue waivers under 10 U.S.C. 4872(c)(1) for the acquisition of covered materials under 10 U.S.C. 4872, except as provided in subsection (b) of this section." Subsection (b) permits a waiver to continue to issue "provided that the prime contractor or subcontractor submits to the Secretary or his designee a formal mitigation plan, accepted by the Secretary or his designee, that clearly: (i) identifies the source of the covered material that would not be compliant with 10 U.S.C. 4872 absent a waiver; (ii) documents evidence of exhaustive efforts made to acquire compliant covered material or demonstrates that compliant covered material was not available at the time of the acquisition of the non-compliant covered material; (iii) describes the steps to be taken by the prime contractor or subcontractor to remove the non-compliant covered material from its supply chains; and (iv) establishes a strict projected timeline for complete implementation of the mitigation plan."
DM.3Applicability determination
DM.3.1 The OEF SHALL record in the DM.7.2 register, per contract or order within scope, which clause version the contract carries, taken from the contract document and not from the prescription. [The inserted version decides both the restricted process steps and the trigger for the upstream restriction; see DM.2.]
DM.3.2 The OEF SHALL record, per delivered item, a determination of whether the item is or contains a covered material, made against the definition in the clause version the contract carries, quoted with its source, version and retrieval date, never against a paraphrase. The determination SHALL identify each covered material by class and form, the components in which it sits, the evidence for presence or absence, and the preparer and date. [DFARS 225.7018-5 prescribes insertion above the simplified acquisition threshold, commercial-product acquisitions included, so the operative question is the content of the deliverable.]
DM.3.3 A determination that an item falls outside the restriction SHALL identify the exception by subparagraph, name the instrument and version it is quoted from, and cite the evidence for each element, recorded per DM.7.3. A determination resting on the absence of a covered material SHALL state the inquiry made, the tiers reached, the parties asked and the documents received.
DM.3.4 Where a samarium-cobalt magnet is present, the file SHALL record whether the specialty-metals regime is separately engaged and where that record sits, and SHALL NOT treat an electronic-device exception under this profile as disposing of that question. [PGI 225.7018-3(c)(2), quoted at DM.2.]
DM.3.5 Where a material is a covered material by statute but absent from the definition in the clause version the contract carries, the file SHALL record its presence with the statutory citation and the clause definition as it reads, and SHALL NOT state that the clause covers it. [The statutory list at 10 U.S.C. 4872(f)(1) and the clause definitions do not match at the revision date; see DM.2.]
DM.3.6 A determination SHALL be re-made on any event under P.5.2, on a new award, and on any change in the covered-material content of a delivered item.
DM.4Application of the Origin Evidence File
| Protocol clause | Status | Modification |
|---|---|---|
| 4.1 Device identity | Applies as modified | The schedule lists delivered items by contract, contract line item number and contractor part number rather than by marketed model. FCC ID, equipment class and authorization date are not applicable. Clause 4.1.3 applies as written, and the schedule states per item which sections and document IDs evidence it. |
| 4.2 Coverage determination | Applies as modified | Replaced by DM.3, which runs the same method against the covered-material definition and exceptions of the clause version in hand. The 48 CFR 25.101(a) sentence in 4.2.3 and the COTS note are not applicable; the COTS exception of this regime is the one at DM.2. |
| 4.3 Production provenance | Applies as modified | Extends beyond the contractor's own sites to every facility that performed a process step the clause names, recorded per DM.7.1. Clause 4.3.3 site attestations are required of facility operators under contract to the contractor; upstream facilities are evidenced by the documents at DM.5.4 instead. |
| 4.4.1 Component origin and deep trace | Applies as modified | The bill of materials is per delivered item. Deep trace follows each covered material through each named process step rather than one tier up (DM.5.2). |
| 4.4.2 Design origin | Not applicable | The governing test runs on where material process steps occurred, not on where the item was designed. |
| 4.4.3 Concentration summary | Not applicable | Tracks FCC Conditional Approval guidance. DM.7.1 carries the country of each step. |
| 4.4.4 and 4.4.5 Sole-source register | Applies as written | Sole-source covered-material suppliers are registered and their contingency plans reviewed at each revision. |
| 4.5 Corporate provenance | Applies as modified | Required for the contractor and for each facility operator recorded under DM.7.1, limited to legal identity, jurisdiction of organization and the country in which the facility performed the step. Clauses 4.5.2 through 4.5.4 track FCC guidance and are not required under this profile. |
| 4.6 Software provenance | Not applicable | The governing test does not reach software, firmware or model weights. |
| 4.7 Evidence quality, translation, retention | Applies as written | With the currency and retention additions at DM.5.9 and DM.5.11. |
| 4.8 Attestation | Applies as modified | The Annex A attestation names this profile and covers the DM.7 records. It does not state that an item complies with a clause (DM.8.2). |
| Annex B.1 | Applies as modified | Per delivered item, with covered-material lines flagged and carrying the DM.7.1 record_id. Annex D fields are not used. |
| Annex B.2 | Not applicable | See 4.4.3. |
| Annex B.3 | Applies as written | |
| Annex C | Applies as modified | Declarations are obtained from the tier that operates or holds the certificate for each named process step, not from the first tier only (DM.5.2, DM.5.4). |
| Annex D | Not applicable | Replaced by the covered-material definition of the clause version in hand (DM.3.2). |
| Annex E | Applies as modified | See DM.6. |
| Part V verification | Applies as written | The supplier-confirmation requirement is met against DM.7.1 document references, counted as declarations on file. |
| Part VI change control | Applies as written | With the additional material changes at DM.5.10. |
DM.5Additional evidence
DM.5.1 For each item determined to be or to contain a covered material, the OEF SHALL contain a material provenance record conforming to DM.7.1.
DM.5.2 Documentation SHALL follow each covered material through every named process step, across as many supplier tiers as those steps occupy, and SHALL NOT stop at the tier immediately above the contractor where a named step occurred further upstream. [The restriction reaches material "mined, refined, or separated" in a covered country, and for samarium-cobalt it reaches "the entire supply chain from mining or production of a cobalt and samarium ore or feedstock, including recycled material, through production of finished magnets." Those words put the test upstream of the contractor's supplier, beyond the reach of the one-tier-up declaration at Protocol clause 4.4.1.]
DM.5.3 Each row SHALL state the basis on which the documented lot, heat or batch is tied to the delivered item, traceable to a production or receiving record held by the party asserting it. A statement that a supplier ordinarily sources compliant material is not a lot linkage and SHALL NOT be recorded as one.
DM.5.4 A process step is evidenced by a document identifying both the facility that performed it and the lot: a mill or melt certificate, a refiner or separator declaration, a mine-of-origin statement, or another named record class carrying facility and lot. Declarations SHALL be executed in the manner of Annex C by the facility operator or the tier holding the facility's certificate, and SHALL name a contact for verification confirmations.
DM.5.5 Where a named process step for a lot is not documented, the file SHALL record the gap as a gap, with the inquiry made, the party asked, the date and the response. An inference from a documented later step is not evidence of an undocumented earlier one.
DM.5.6 Each exception relied on SHALL be recorded per DM.7.3 with the evidence for each of its elements. Where an exception turns on a quantity stated in the instrument, the file SHALL record the measured value, its unit, the basis of measurement and the measuring party, and SHALL cite the instrument for the threshold rather than restating it.
DM.5.7 The OEF SHALL contain flow-down evidence conforming to DM.7.4 for each subcontract or other contractual instrument for items containing a covered material, including the executed page carrying the clause as inserted. [Paragraph (d), both versions, quoted at DM.2.] Where the contractor is itself a subcontractor, the file SHALL also record the clause as received and from whom.
DM.5.8 Where a nonavailability determination is sought or relied on, the OEF SHALL contain the supporting record the contractor furnishes: the noncompliant sources identified, the market research on compliant alternatives with dates and parties contacted, the quantities and delivery dates concerned, and the determination as issued with its date and level. The file SHALL record it as an act of the government official who made it, never as a contractor certificate. [DFARS 225.7018-4: individual determinations are made by the head of the contracting activity, class determinations require USD(A&S) approval, and the deviation PGI prints the supporting-package template.]
DM.5.9 Declarations and facility documents relied on for lots received in the twelve months preceding the revision date SHALL be dated within twelve months of it. A document evidencing a named step for an identified lot remains current for that lot without re-dating.
DM.5.10 In addition to the P.5.2 events, each of the following is a material change requiring re-attestation of the affected sections within thirty days: a new award; a change of clause version on modification; a change of facility, operator or country at any named process step; a new, amended or withdrawn nonavailability determination; the submission, acceptance, amendment or lapse of a mitigation plan under DM.5.12; a change in the covered-material content of a delivered item.
DM.5.11 DM.7 records and the documents they reference are retained per clause 4.7.4, and for not less than ten years after final delivery under the contract, whichever period ends later.
DM.5.12 Where a waiver under 10 U.S.C. 4872(c)(1) or (e) is sought or held on or after January 1, 2027, the OEF SHALL contain the mitigation plan as submitted, the evidence behind each of the four elements the order states, the acceptance of the plan with its date and the accepting official, and a dated record of progress against the plan's timeline. The DM.7.1 rows for the non-compliant material SHALL be cross-referenced from the plan. [Executive Order 14415, section 2(a) and (b), quoted at DM.2.]
DM.6Entity screen
DM.6.1 The Annex E screen list is extended to every facility operator in DM.7.1 and every party executing a document relied on under DM.5.4.
DM.6.2 The screen under this profile asks where a step was performed, not who owns the performer. For each facility the file SHALL record the country of performance and whether it appears in the covered-nation list of the governing instrument, citing the instrument rather than restating the list. Ownership of a facility operator does not by itself place a step in a covered nation and SHALL NOT be recorded as if it did.
DM.6.3 Sanctions screening under Annex E continues as a supplementary check, and its result SHALL NOT be recorded as a determination under the governing instrument.
DM.6.4 A match or possible match halts reliance on the affected rows pending a documented resolution. The screen is current for twelve months and is re-run on any P.5.2 event and any DM.5.10 change.
DM.7Records and schemas
DM.7.1 Material provenance record
One record per covered material, per delivered item, per process step, under revision control matching the OEF revision.
| Field | Definition | Rules |
|---|---|---|
| record_id | Identifier of this row | Unique within the file; cited from the DM.3.2 determination and from the B.1 line |
| contract_ref | Contract or order under which the item is delivered | Must appear in DM.7.2 |
| item_ref | Delivered item: contract line item number and contractor part number | Must appear in the clause 4.1 schedule as modified by DM.4 |
| material | Covered material class as the clause version names it | Named as the definition names it; a material covered by statute but absent from the clause definition is entered with the statutory citation in gap_note (DM.3.5) |
| material_form | Form in which the material is present: finished magnet, mill product, metal powder, alloy, assembly | Plain language |
| lot_ref | Lot, heat or batch identifier of the material | As it appears on the document relied on |
| process_step | The step this row evidences: mined, refined, separated, melted, produced, or manufactured | One row per step; steps limited to those the clause version in force for this contract names, plus "manufactured" for the end-item limb |
| facility_name | Facility that performed the step | The site, not the trading company, where they differ |
| facility_operator | Legal entity operating the facility | Screened per DM.6.1 |
| facility_country | Country in which the facility performed the step | ISO 3166 alpha-2; "MULTI" prohibited, split rows |
| period_start | First day of the period in which the facility performed the step for this lot | Where only a month is documented, the first day of that month, noted in gap_note |
| period_end | Last day of that period | Same rule |
| document_type | Class of document relied on: mill or melt certificate, refiner or separator declaration, mine-of-origin statement, or a named other record class | "Other" requires the class to be named |
| document_ref | Document ID in the master index under clause 4.7.1 | Required unless gap_note records a gap |
| tier | Supplier tier at which the document was obtained, counting the contractor as tier 0 | Integer |
| linkage_basis | Basis tying this lot to the delivered item: lot or heat traceability, serialized build record, batch allocation record, or documented segregation | Names the production or receiving record held by the asserting party; a general sourcing statement is not permitted (DM.5.3) |
| verified_date | Date the document was last confirmed | Subject to DM.5.9 |
| gap_note | Where the step is undocumented: the inquiry made, the party asked, the date and the response | Required when document_ref is empty (DM.5.5) |
DM.7.2 Clause version register
One record per contract or order within scope.
| Field | Definition | Rules |
|---|---|---|
| contract_ref | Contract or order number | Unique within the file |
| award_date | Date of award | Recorded for every contract, whichever clause version it carries |
| clause_designation | Clause number, date and any deviation number as inserted | Taken from the contract document, not from the prescription (DM.3.1) |
| clause_text_ref | Document ID of the contract page carrying the clause | Required |
| restricted_steps | The process steps the inserted clause restricts at the revision date | Quoted from the clause, not paraphrased |
| upstream_status | Whether the upstream limb of the inserted clause is in force at the revision date, and the words of the clause that make it so | The clause's own words, cited by paragraph |
| definition_ref | Document ID of the covered-material definition as it appears in the inserted clause | Required |
| recorded_date | Date this row was made or last confirmed | Re-confirmed at each revision date |
DM.7.3 Exceptions record
One record per exception relied on, per item, per contract.
| Field | Definition | Rules |
|---|---|---|
| exception_ref | Identifier of this row | Unique within the file |
| contract_ref | Contract concerned | Must appear in DM.7.2 |
| item_ref | Delivered item concerned | Must appear in the schedule |
| material | Covered material the exception is claimed for | As at DM.7.1 |
| exception_cited | Subparagraph relied on | With the instrument and version it is quoted from, stated as which (clause paragraph (c) of the inserted version, or DFARS 225.7018-3) |
| exception_text_ref | Document ID of the quoted text with its retrieval date | Required |
| elements_evidence | Document IDs evidencing each element of the exception | One entry per element |
| measured_value | Where the exception turns on a quantity stated in the instrument: the measured value and its unit | Threshold cited to the instrument, never restated here (DM.5.6) |
| measured_by | Party that measured, and the method | Required when measured_value is present |
| specialty_metals_note | Whether the specialty-metals regime was separately considered, and where that record sits | Required when material is a samarium-cobalt magnet (DM.3.4) |
| preparer | Preparer of the determination | Name and role |
| date | Date of the determination | Re-made per DM.3.6 |
DM.7.4 Flow-down evidence record
One record per subcontract or other contractual instrument.
| Field | Definition | Rules |
|---|---|---|
| flowdown_ref | Identifier of this row | Unique within the file |
| prime_contract_ref | Contract the flow-down derives from | Must appear in DM.7.2 where the contractor holds it |
| subcontract_ref | Subcontract or other contractual instrument | Unique within the file |
| counterparty | Legal name and country of the receiving party | Screened per DM.6.1 where it operates a facility in DM.7.1 |
| items_covered | Items or part numbers the instrument is for | Plain language or part numbers |
| covered_material_status | Whether the instrument is for items containing a covered material: yes, no, or undetermined | "No" requires the DM.3.3 inquiry record; "undetermined" requires a gap_note in the inquiry record |
| clause_inserted | Clause designation and date as inserted, including paragraph (d) | The substance of the clause including paragraph (d) (DM.5.7) |
| alterations | Any alteration other than identification of the parties | Recorded verbatim where present; under the deviation clause the contractor does not alter the clause other than to identify the parties |
| exception_at_tier | Exception relied on at this tier, if any | Cross-reference to a DM.7.3 row |
| executed_copy_ref | Document ID of the executed instrument page carrying the clause | Required |
| date | Date of execution or of the last confirmation | Re-confirmed at each revision date |
DM.8Claims of conformity
DM.8.1 P.6 applies. A conforming party may state: "[Company]'s Origin Evidence File for [items] conforms to the Gatewell Protocol for Origin Evidence, Version 1.0, Profile DM, at Level [1/2/3], as of [date]."
DM.8.2 A claim SHALL NOT state or imply that a contracting officer, a contracting activity, the Department of Defense or any other government body has reviewed, accepted or endorsed the file, and SHALL NOT be presented as a representation or certification under a contract clause. No representation, provision or certificate attaches to either clause version; the obligation is a delivery restriction carrying a flow-down.
DM.8.3 A claim of conformity is a statement about the file. It is not a determination that an item may be delivered under a contract, it is not a legal opinion, and it SHALL NOT attribute a referenced nonavailability determination to the contractor.
DM.9Limits of the profile and questions for comment
DM.9.1 This profile does not interpret the exceptions, decide whether an item is restricted, or assign a legal conclusion to any row in a DM.7 record. It prescribes what the file holds and how each entry is sourced.
DM.9.2 The following are not established at this revision, and nothing in the profile depends on them.
- Enforcement history under 10 U.S.C. 4872 or 10 U.S.C. 4863.
- Whether the June 2026 deviation clause has replaced clause 252.225-7052 in any particular solicitation. The deviation directs its use, which is why DM.3.1 records what the contract in hand says.
- The status of the pending DFARS case that would carry the statute's later material additions into the clause definitions.
- Whether any DFARS case or deviation has conformed the recycled-magnet exception at DFARS 225.7018-3(c)(3) to the statutory text.
- The published record of nonavailability determinations.
- Policy and implementation guidance under section 3 of Executive Order 14415, which directs the Secretary to develop supply-chain mapping requirements within 180 days of July 20, 2026. Section 3 instructs the Secretary and places no obligation on a contractor at this revision, and this profile requires no record on account of it.
DM.9.3 Questions for the comment period.
- Should DM.7.1 require rows for a process step the clause version in hand does not yet restrict, so a file survives a later award without being rebuilt?
- At which tiers do suppliers hold a linkage basis of the kind DM.5.3 requires, and is lot linkage obtainable above the tier where mill and melt certificates are customarily exchanged?
- Should a gap recorded under DM.5.5 carry a stated disposition, or is the inquiry record sufficient?
- Should the DM.3.4 question be recorded for every high performance magnet rather than for samarium-cobalt magnets alone?
© 2026 Gatewell Group. The text of the profiles is licensed under the Creative Commons Attribution 4.0 International license (CC BY 4.0). A modified text may not be called the Gatewell Protocol; the "Gatewell Protocol" designation and the conformity marks are reserved. Quotations from statutes, regulations, clauses and guidance are reproduced from the public source documents; the source texts govern. Not legal advice; not a government determination.