Federal Register #DARS-2026-0266

DoD Proposed Rule: Certification for Military Recruitment Advertising and Domestic Sourcing of U.S. Flags

This opportunity involves a proposed rule amendment by the Department of Defense (DoD) to the Defense Federal Acquisition Regulation Supplement (DFARS): - Government Buyer: - Department of Defense, Defense Acquisition Regulations System - Key Requirements: - Contractors for military recruitment advertising must certify they do not rate or rank news or information sources for factual accuracy, nor provide or use ratings/opinions on misinformation, bias, or journalistic standards - Certification requirement applies to all relevant contracts through December 31, 2030 - Applies to commercial services and products, including commercially available off-the-shelf (COTS) items - New domestic sourcing mandate for U.S. flags: all U.S. flags procured by DoD must be fully produced in the United States - Purchase threshold for U.S. flags lowered to $10,000 - Berry Amendment clauses consolidated - No specific OEMs, vendors, part numbers, or purchase quantities are listed - Notable: Strict prohibitions on information rating activities and mandatory certifications for offerors; full domestic production required for U.S. flags

Description

The Department of Defense (DoD) is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement certification requirements for certain DoD contracts related to military recruitment advertising. This amendment is in response to sections of the National Defense Authorization Acts for Fiscal Years 2024, 2025, and 2026. The proposed rule requires offerors to certify that they do not rate or rank news or information sources for factual accuracy, provide opinions on misinformation or bias, or use services that provide such ratings or opinions. The certification requirement will terminate on December 31, 2030. Comments on the proposed rule are due by August 24, 2026.

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