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

Status: Active
Date Issued: 2026-01-01
Signed By: John M. Tenaglia, Principal Director, Defense Pricing, Contracting, and Acquisition Policy
Scope: All DoD contracting officers
Applies to DAF/Air Force: Yes
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 The deviation remains in effect until January 1, 2029 unless rescinded earlier.

## 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Expiration: This deviation expires January 1, 2029 unless rescinded earlier.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?

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Source: https://part52.dev
Generated: 2026-08-05 03:19 UTC
Memorandum: https://www.acq.osd.mil/dpap/policy/policyvault/USA002677-25-DPCAP.pdf