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 The deviation remains in effect until January 1, 2029 unless rescinded earlier.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
- 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.
- Include clause 252.225-7965 in commercial (Part 12) solicitations and contracts for dinnerware or stainless-steel flatware.
- 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Expiration: This deviation expires January 1, 2029 unless rescinded earlier.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?