# Class Deviation 2024-O0008
# Class Deviation 2024-O0008 – Revision of Small Purchase Exception for the Acquisition of U.S. Flags

Status: Archived
Date Issued: Not explicitly dated in memorandum header; effective immediately upon issuance
Signed By: John M. Tenaglia, Principal Director, Defense Pricing and Contracting
Scope: All DoD contracting officers issuing solicitations and contracts that exceed $10,000 for the acquisition of the American flag, including those using FAR part 12 procedures
Authority: Section 832 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31), implementing 10 U.S.C. 4862

## Summary

This deviation implements Section 832 of the FY2024 NDAA, which adds U.S. flags to the list of items covered by the Berry Amendment (10 U.S.C. 4862) and revises the small purchase exception. Contracting officers must use the deviation clause at DFARS 252.225-7006 in place of the existing clause for all solicitations and contracts exceeding $10,000 for American flags, requiring full domestic production of the flags and their materials. The Secretary of Defense may grant a waiver when acquiring U.S. flags in amounts greater than $10,000 if deemed appropriate.

## Required Contracting Officer Actions

1. Use the deviation clause at DFARS 252.225-7006 (Deviation 2024-O0008) in lieu of the existing DFARS 252.225-7006 clause in all solicitations and contracts exceeding $10,000 for acquisition of the American flag, including those using FAR part 12 procedures.
2. Ensure the clause applies to both contracts and subcontracts for the procurement of U.S. flags, requiring that flags and all materials and components thereof be manufactured in the United States.
3. Seek a Secretary of Defense waiver if circumstances require acquiring U.S. flags above $10,000 outside the Berry Amendment restriction.

## Affected Provisions and Clauses

### 252.225-7006, Acquisition of the American Flag (Deviation 2024-O0008) (Clause)
- Prescribed in: 225.7002-3(c)
- Change type: REPLACED
- Action: Replace the existing DFARS 252.225-7006 clause with the deviation version in all solicitations and contracts exceeding $10,000 for the acquisition of the American flag, including those using FAR part 12 procedures.

## Notes

Waiver Authority: The Secretary of Defense may waive the restriction at DFARS 225.7002-1(a) for purchases of U.S. flags exceeding $10,000 if such a waiver is determined to be appropriate.

Scope of Restriction: The clause does not apply to end items or components related to flying or displaying the flag, such as flagpoles and accessories.

Effective Date: This deviation is effective immediately and remains in effect until incorporated into the DFARS or otherwise rescinded.

Point of Contact: Questions should be directed to Mr. Jeffrey Grover, DPC/CP, at jeffrey.c.grover.civ@mail.mil.

## Suggested Questions

You can ask your AI assistant:
- What actions do I need to take for this deviation?
- Does this deviation affect commercial acquisitions under Part 12?
- Which clauses need to be removed from my existing contracts?
- How does this deviation change 252.225-7006 specifically?
- Are there any SAM registration implications?

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Source: https://part52.dev
Generated: 2026-03-20
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA000315-24-DPC.pdf