Authority
Section 832 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31); 10 U.S.C. 4862
Summary
This deviation revises and supersedes the original Class Deviation 2024-O0008 issued February 8, 2024, correcting a typographical error in the clause title. It implements section 832 of the National Defense Authorization Act for Fiscal Year 2024, which adds U.S. flags to the Berry Amendment covered items list and revises the small purchase exception. Contracting officers must use the deviation clause in place of Defense Federal Acquisition Regulation Supplement (DFARS) 252.225-7006 for solicitations and contracts exceeding $10,000 for American flags.
Contracting Officer Actions
1
Use the deviation version of DFARS 252.225-7006 in all solicitations and contracts exceeding $10,000 for the acquisition of American flags, including commercial (Part 12) acquisitions.
2
Do not use the standard DFARS 252.225-7006 clause; use the deviation version instead.
3
Seek a Secretary of Defense waiver before purchasing U.S. flags above $10,000 without full domestic production compliance.
4
Ensure contractors flow down the deviation clause to all subcontracts, including commercial (Part 12) subcontracts, for the acquisition of American flags.
Revision Purpose
Revision 1 corrects a typographical error in the clause title cited in Attachment 1. The substantive policy requirements are unchanged from the original deviation.
Berry Amendment Applicability
Section 832 of the FY2024 National Defense Authorization Act adds U.S. flags to 10 U.S.C. 4862(b). Full domestic production is now required for DoD flag acquisitions exceeding $10,000.
Waiver Authority
Only the Secretary of Defense may waive the restriction at DFARS 225.7002-1(a) for U.S. flag purchases above $10,000.
Exclusions
The clause does not apply to end items or components related to flying or displaying the flag, such as flagpoles and accessories.
Expiration
This deviation remains in effect until incorporated into the DFARS or otherwise rescinded. No fixed expiration date applies.