Effective immediately, when using funds appropriated under the Department of Defense Appropriations Act, 2014 (Public Law 113-76, Division C), contracting officers shall incorporate the attached clause in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for the acquisition of American flags and have an estimated value that exceeds the simplified acquisition threshold, unless the flags are for commissary resale. This class deviation implements section 8123 of the Department of Defense Appropriations Act, 2014.

Section 8123 states that none of the funds made available in the Act may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under 10 U.S.C. 2533a(b) (commonly known as the “Berry Amendment").

This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.