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OFFICE OF THE ASSISTANT SECRETARY OF WAR
3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-3000
ACQUISITION
AND SUSTAINMENT
In reply refer to
DARS Tracking Number: 2026-O0033
MEMORANDUM FOR COMMANDER, UNITED STATES CYBER
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES SPECIAL OPERATIONS
COMMAND (ATTN: ACQUISITION EXECUTIVE)
COMMANDER, UNITED STATES TRANSPORTATION
COMMAND (ATTN: ACQUISITION EXECUTIVE)
DEPUTY ASSISTANT SECRETARY OF THE ARMY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE NAVY
(PROCUREMENT)
DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
(CONTRACTING)
DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS
SUBJECT: Class Deviation—Acquisition of Dinnerware and Stainless-Steel Flatware
Effective January 1, 2026, contracting officers must incorporate the attached contract
clause, 252.225-7965, Acquisition of Dinnerware and Stainless-Steel Flatware, in solicitations
and contracts, including solicitations and contracts using FAR part 12 procedures for the
acquisition of commercial products, for the acquisition of dinnerware or stainless-steel flatware,
unless an exception at DFARS 225.7002-2 applies. This class deviation implements 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 (commonly
known as the “Berry Amendment”).
This class deviation remains in effect until January 1, 2029, unless otherwise rescinded.
Inquiries regarding this class deviation can be addressed to osd.pentagon.ousd-a-s.mbx.dpc-
cp@mail.mil.
John M. Tenaglia
Principal Director,
Defense Pricing, Contracting, and
Acquisition Policy
Attachment:
As stated
Attachment A1
Class Deviation 2026-O0033
Acquisition of Dinnerware and Stainless Steel Flatware
252.225-7965 Acquisition of Dinnerware and Stainless-Steel Flatware.
(DEVIATION 2026-O0033)
Insert the following clause in solicitations and contracts, including solicitations and contracts
using FAR part 12 procedures for the acquisition of commercial products, that are for acquisition
of dinnerware or stainless-steel flatware, unless an exception at DFARS 225.7002-2 applies.
ACQUISITION OF DINNERWARE AND STAINLESS-STEEL FLATWARE (DEVIATION
2026-O0033) (JAN 2026)
(a) Definitions. As used in this clause, “United States” means the 50 States, the District
of Columbia, and outlying areas.
(b) Requirement. Any dinnerware or stainless-steel flatware delivered under this
contract shall be produced in the United States, consistent with the requirements of 10 U.S.C.
4862 (commonly known as the “Berry Amendment”).
(c) Subcontracts. The Contractor shall include the substance of this clause, including
this paragraph (c), in subcontracts, including subcontracts for commercial items, that are for the
acquisition of dinnerware or stainless-steel flatware.
(End of clause)
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