Class Deviation 2015-O0007
Acquisition of the American Flag

Effective immediately, when using funds appropriated under the Department of Defense Appropriations Act, 2015, Division C of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235), 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 8119 of the Department of Defense Appropriations Act, 2015.

Section 8119 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This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.

Effective Date: December 29, 2014 (8 years ago)
Expire Date: None Given
Incorporated: August 26, 2015 (7 years ago)
Official Documents: Memo
Official Attachments: 1
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