Section 225.7018-3 - ExceptionsThe restriction in section 225.7018-2 does not apply to an acquisition-
(a) At or below the simplified acquisition threshold;(b) Outside the United States of an item for use outside the United States; or(c) Of an end item containing a covered material that is-(1) A commercially available off-the-shelf item (but see PGI 225.7018-3(c)(1) with regard to commercially available samarium-cobalt magnets), other than- (i) A commercially available off-the-shelf item that is-(A) 50 percent or more tungsten by weight effective through December 31, 2026; or(B) 50 percent or more covered material by weight effective January 1, 2027;(ii) Effective through December 31, 2026, a tantalum metal, tantalum alloy, or tungsten heavy alloy mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component; or(iii) Effective January 1, 2027, a covered material that is a mill product such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;(2) An electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic and Critical Materials Board of Directors pursuant to 50 U.S.C. 98h-1 determines that the domestic availability of a particular electronic device is critical to national security (but see PGI 225.7018-3(c)(2) with regard to samarium-cobalt magnets used in electronic components); or(3) A neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States.(d) If the authorized agency official concerned, as specified in 225.7018-4, determines that compliant covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price. (1) For tantalum metal, tantalum alloy, or tungsten heavy alloy, the term "required form" refers to the form of the mill product, such as bar, billet, wire, slab, plate, or sheet, in the grade appropriate for the production of a finished end item to be delivered to the Government under the contract; or a finished component assembled into an end item to be delivered to the Government under the contract.(2) For samarium-cobalt magnets or neodymium-iron-boron magnets, the term "required form" refers to the form and properties of the magnets. 84 FR 18158 , Apr. 30, 2019, as amended at 84 FR 72244 , Dec. 31, 2019; 85 FR 61502 , Sept. 29, 2020; 87 FR 52347 , Aug. 25, 2022; 89 FR 46820 , May 30, 2024; 89 FR 66286 , Aug. 15, 2024 83 FR 18159 , 4/30/2019; as amended at 84 FR 72244 , 12/31/2019; 85 FR 61502 , 9/29/2020; 87 FR 52347 , 8/25/2022; 89 FR 46820 , 5/30/2024; 89 FR 66286 , 8/15/2024