FAR 34.1—Subpart 34.1

Scope of subpart.

FAR 34.100 is a scope provision that tells readers what this subpart is about and why it exists. It covers the policies and procedures for the testing, qualification, and use of industrial resources that were manufactured or developed with assistance provided under sections 301, 302, or 303 of the Defense Production Act (DPA). It also explains the broader statutory context: Title III of the DPA authorizes Government assistance to expand production capacity and increase the supply of industrial resources needed for national defense. In practical terms, this means the subpart is aimed at ensuring that items developed with Federal industrial-base assistance are properly evaluated, accepted, and put to use in a way that supports defense readiness and supply assurance. For contracting personnel and contractors, the section signals that these resources are not treated like ordinary commercial items; they may require special testing and qualification before they can be relied on in Government or defense-related use.

Definitions.

FAR 34.101 provides a single, targeted definition for the term “item of supply” as used in Subpart 34.1, which governs major system acquisition. It explains that an item of supply includes any individual part, component, subassembly, assembly, or subsystem that is integral to a major system, as well as other property that may be replaced during the system’s service life. The definition also makes clear that spare parts and replenishment parts are included, while packaging and labeling used only for shipment or identification are not. In practice, this definition matters because it determines what kinds of items are treated as part of the system for acquisition planning, logistics, sustainment, configuration management, and support planning. Contractors and contracting officers use this definition to decide what should be tracked, procured, replaced, or supported as part of a major system over its lifecycle.

Policy.

FAR 34.102 states the Government’s policy for paying testing and qualification costs when industrial resources were developed or manufactured with assistance under Title III of the Defense Production Act of 1950. The section implements Section 126 of Public Law 102-558 and is aimed at removing a barrier to the use of these resources by ensuring that required testing and qualification is not left to the contractor, supplier, or end user to absorb as an unfunded burden. In practical terms, this policy matters when a product, material, process, or other industrial resource created with Title III assistance must be tested, certified, or qualified before it can be used or incorporated into a system, weapon, or other federal application. The section is narrow but important: it addresses who pays for required testing and qualification, not the broader acquisition strategy, contract type, or technical approval process. For contracting personnel, it means funding and contract planning must account for these costs when they are necessary to make the Title III-supported resource usable. For contractors and suppliers, it signals that the Government may bear these costs when the statutory conditions are met, which can affect pricing, proposal preparation, and coordination with testing authorities.

Testing and qualification.

FAR 34.103 addresses the testing and qualification of a Title III industrial resource when a contractor receives a request from a Title III project contractor. It explains who must handle the request, how the contracting officer must evaluate whether testing and qualification are justified, when the contract must be modified to require testing, and how the Defense Production Act Office, Title III Program, must support the effort by supplying the resource in quantities needed for testing. The section is aimed at ensuring that Title III resources are only qualified when they are relevant to a major system or item of supply, and that the government does not incur unnecessary qualification costs for production items that will not be needed in meaningful quantities. In practice, this provision creates a formal gatekeeping process: contractors cannot act on Title III testing requests on their own, and contracting officers must make a documented determination based on agency procedures and consultation with the Title III office. The rule matters because qualification testing can be costly, time-sensitive, and essential to integrating a new or alternative industrial source into defense supply chains.

Contract clause.

FAR 34.104 is a very short but important prescription rule that tells contracting officers when to include a specific contract clause: 52.234-1, Industrial Resources Developed under Title III, Defense Production Act. The section applies to contracts for major systems and items of supply, and its purpose is to ensure the Government can identify and preserve industrial resources developed with Title III support under the Defense Production Act. In practice, this means the clause must be inserted in the covered contract so the contractor is on notice of any obligations tied to those industrial resources, including the Government’s interest in protecting the investment and managing the use of the developed capability. Although the text is brief, it connects acquisition policy to industrial base and defense production objectives, making it relevant in procurements where critical materials, components, or production capacity may have been developed with Government assistance. For contracting officers, the section is a mandatory clause prescription; for contractors, it is a compliance trigger that may affect how they use, track, and report on covered resources. The section does not itself describe the full substance of the clause, but it establishes when the clause must be included and therefore when the associated rights and duties become part of the contract.