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Berry flag exception: draft final rule at OIRA

The Open DFARS Cases list as of 2026-10-30 gives DFARS Case 2024-D013, "Small Purchase Exception for the Acquisition of U.S. Flags," a status entry dated 10/26/2026: "DARS Regulatory Control Officer submitted draft final DFARS rule to OIRA. OIRA reviewing." The case implements three NDAA sections. Section 832 of the NDAA for 2024 "revises 10 U.S.C. 4862 to revise the exception for small purchases provided in 10 USC 4862(h) for purchases of flags of the United States." Section 843 of the NDAA for FY 2025 clarifies the exception for vessels operating in foreign waters. Section 831 of the NDAA for FY 2026 "excludes seafood originating in certain countries from the resale exception at 10 U.S.C. 4862(g)." The list gives no publication date.

Key dateOctober 26, 2026milestone
StatusProposed
ConfidenceConfirmed

What changed

The Open DFARS Cases list as of 2026-10-30 gives DFARS Case 2024-D013, "Small Purchase Exception for the Acquisition of U.S. Flags," a status entry dated 10/26/2026: "DARS Regulatory Control Officer submitted draft final DFARS rule to OIRA. OIRA reviewing." The case implements three NDAA sections. Section 832 of the NDAA for 2024 "revises 10 U.S.C. 4862 to revise the exception for small purchases provided in 10 USC 4862(h) for purchases of flags of the United States." Section 843 of the NDAA for FY 2025 clarifies the exception for vessels operating in foreign waters. Section 831 of the NDAA for FY 2026 "excludes seafood originating in certain countries from the resale exception at 10 U.S.C. 4862(g)." The list gives no publication date.

What it means for a DIBBS supplier

DIBBSFlow's reading

DIBBSFlow's reading, from the source above, checked 2026-11-05.

The draft final rule for the U.S. flag, vessel and seafood exceptions is now at OIRA for review, but the list gives no publication date and no effective date. If you sell U.S. flags, or items that fall under the vessel or seafood exceptions in 10 U.S.C. 4862, read the exception text in the final rule when it publishes.

Source:Open DFARS Cases list, acq.osd.mil, as of 2026-10-30 (opened 2026-11-05)· Confirmed onNovember 5, 2026

Change log

  • 2026-10-21: added to the watch; source opened 2026-10-21.
  • 2026-10-21: held, Codex returned FIX; gate run 2026-10-21.
  • 2026-10-21: capture extended to every passage the item rests on and body rewritten to the capture; status restored from Held.
  • 2026-10-21: title shortened to a plain headline (Tony's review of the live cards); facts that left the title stay in What changed.
  • 2026-10-29: status entry dated 10/22/2026 recorded (planned publication of the draft final rule); key date moved from 2026-09-24 to 2026-10-22; title and body rewritten to the list as of 2026-10-23; source opened 2026-10-29.
  • 2026-10-29: held, Codex returned FIX; gate run 2026-10-29.
  • 2026-11-05: status entry dated 10/26/2026 recorded (draft final DFARS rule submitted to OIRA, OIRA reviewing); key date moved from 2026-10-22 to 2026-10-26; title, meta description and body rewritten to the list as of 2026-10-30; status restored from Held for this batch's gate run; source opened 2026-11-05.
  • 2026-11-05: held, Codex returned FIX; gate run 2026-11-05.
  • 2026-11-09: gate rerun against the right capture (the DFARS Case 2024-D013 entry, not 2026-D001), Codex SHIP after fix: long sentence split; status restored from Held; source opened 2026-11-05.

A public log of rule and deadline changes. DIBBSFlow alerts on your NSNs and CAGEs are a separate product.

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