For contracts to be awarded after December 20, 2020, contracting officers shall incorporate the attached clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for the acquisition of dinnerware or stainless steel flatware and have an estimated value that exceeds the simplified acquisition threshold, unless the dinnerware or stainless steel flatware meet an exception.
This class deviation implements section 854 of the National Defense Authorization Act for Fiscal Year 2020. Section 854 adds dinnerware and stainless steel flatware to the list of covered items at 10 U.S.C. 2533a (commonly known as the “Berry Amendment”), paragraph (b). With some exceptions, covered items under the Berry Amendment may not be procured with funds appropriated or otherwise available if the items are not grown, reprocessed, reused, or produced in the United States.
This class deviation remains in effect until it is otherwise rescinded or until the statutory sunset date of September 30, 2023.