# Class Deviation 2026-O0033
# Class Deviation 2026-O0033 – Acquisition of Dinnerware and Stainless-Steel Flatware

Status: Active
Date Issued: January 1, 2026
Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy
Scope: All DoD contracting officers under the commands and agencies listed in the memorandum addressees, including USSOCOM, USTRANSCOM, USCYBERCOM, the military departments and defense agencies
Authority: Section 842 of the National Defense Authorization Act for Fiscal Year 2025 (Pub. L. 118-159), which adds dinnerware and stainless-steel flatware to the list of covered items at 10 U.S.C. 4862 (the Berry Amendment)

## Summary

This deviation implements section 842 of the FY2025 NDAA by adding dinnerware and stainless-steel flatware to the Berry Amendment's domestic source requirements. Contracting officers must use new clause 252.225-7965 in solicitations and contracts for these items, including those using FAR part 12 commercial product procedures, unless a DFARS 225.7002-2 exception applies. The deviation is effective January 1, 2026 and remains in force until January 1, 2029.

## Required Contracting Officer Actions

1. Incorporate clause 252.225-7965, Acquisition of Dinnerware and Stainless-Steel Flatware, in all solicitations and contracts for dinnerware or stainless-steel flatware, including those using FAR part 12 commercial product procedures, unless an exception at DFARS 225.7002-2 applies.

## Affected Provisions and Clauses

### 252.225-7965, Acquisition of Dinnerware and Stainless-Steel Flatware (Clause)
- Change type: NEW
- Action: New clause created and required for use in solicitations and contracts for dinnerware or stainless-steel flatware, including FAR part 12 acquisitions, unless a DFARS 225.7002-2 exception applies.

## Notes

Expiration: The deviation remains in effect until January 1, 2029, unless rescinded earlier.

Inquiries: Questions regarding this deviation should be directed to osd.pentagon.ousd-a-s.mbx.dpc-cp@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 252.225-7965 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/USA002677-25-DPCAP.pdf