Authority
Section 842 of the National Defense Authorization Act for Fiscal Year 2025 (Pub. L. 118-159), adding dinnerware and stainless-steel flatware to 10 U.S.C. 4862 (the Berry Amendment)
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 The deviation remains in effect until January 1, 2029 unless rescinded earlier.
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.
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This deviation expires January 1, 2029 unless rescinded earlier.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.
Affected Provisions and Clauses
252.225-7965
CLAUSE
Add clause 252.225-7965
MODIFIED