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

Summary

This deviation implements section 842 of the National Defense Authorization Act for Fiscal Year 2025 (NDAA FY2025), which adds dinnerware and stainless-steel flatware to the Berry Amendment covered items list at 10 U.S.C. 4862. Contracting officers must include new clause 252.225-7965 in solicitations and contracts for these items, including commercial (Part 12) acquisitions. The deviation remains in effect until January 1, 2029 unless rescinded earlier.

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 effective January 1, 2026.
  2. Include clause 252.225-7965 in commercial (Part 12) solicitations and contracts for dinnerware or stainless-steel flatware.
  3. Omit clause 252.225-7965 when a Defense Federal Acquisition Regulation Supplement 225.7002-2 exception applies.

Affected Provisions and Clauses

252.225-7965, (Clause)

  • Change type: MODIFIED
  • Action: Add clause 252.225-7965

Notes

Expiration: This deviation expires January 1, 2029 unless rescinded earlier. Contracting officers should monitor for a permanent DFARS rule before that date.

Inquiries: Direct questions about this deviation 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?