Here`s a closer look at what the Berry amendment means for textile manufacturers and other organizations that have to comply. The following points fall under the amendment – but it is not an exhaustive list, and it is important to consult the exact wording of what is covered to be sure. The Procurement Officer (PCO) is responsible for compliance with the berry change in all contracts. The special metal supply was added in 1973. This provision requires that special metals contained in products supplied under DOD contracts be smelted in the United States or in a ”qualified country.” Special metals include certain steels, titanium, zirconium and other metal alloys important for DOD. [1] The regulations described in the entire Berry amendment are quite lengthy, but we will summarize what is most relevant to textile manufacturers and other manufacturers of products manufactured for military purposes. In general, the change means that if you manufacture a type of equipment or personal protective equipment (PPE) for the Department of Defense, it must be compliant. The Defense Federal Acquisition Regulation Supplement (DFARS) has been amended to include exemptions for the purchase of food, special metals, and hand or measuring tools when necessary to support emergency operations or when the use of non-competitive procedures is based on an unusual and compelling emergency. The special metal supply was added in 1973. This provision requires that special metals contained in products supplied under DOD contracts be smelted in the United States or in a ”qualified country.” Special metals include certain steels, titanium, zirconium and other metal alloys important for DOD. [1] The Berry Amendment was named after Ellis Yarnal Berry, who served as a member of the U.S. House of Representatives from 1951 to 1971.
During his first term in Congress, Berry introduced an amendment to the Buy American Act to extend the law to all clothing, cotton, and wool. Since 1952, all restrictions in the annual defense appropriations laws have become known as the Berry Amendments. The Berry amendment was amended in 1994 by Article 8005 of the Public Law (Pub. L.) 103-139 permanently. [6] The Berry Amendment was passed in 1941 to encourage the use of American materials for military purposes. It consists mainly of tools, food and textiles for use at home and abroad in military operations. The amendment contains specific rules governing how these goods are produced. . The aerospace and defense industry is affected by the regulations that apply to special metals: [2] So the topic here is that if you`re working with something that could be used by the military or related to the issuance of federal funds, it`s very likely that you`ll have to make it compliant with the Berry amendment. Never assume anything else, or you might be in hot water with the U.S. government.
The following is a summary of the official list of exceptions to the Berry amendment. The following things are excluded: And this does not only apply to raw materials. If the Department of Defense is the end user, all processing and/or manufacturing must also be done in the United States and all possible materials must come from domestic sources. On April 10, 2007, the Under Secretary of State for Defense, Procurement, Technology and Logistics noted that most compliant fasteners were not available in sufficient quantities without unreasonably delaying production and exempted most fasteners from the requirement. [2] Original[5] 10 U.S.C. 2533a now excludes special metals and generally applies to textile materials. [1] Definition: The Berry Amendment is a federal order requiring that DOD funds be spent on the United States. items manufactured to protect the U.S.
industrial base in wartime. MIL-SPEC standards specify the physical properties of threads and are a good reference point for a manufacturer comparing potential threads to be used. Here`s a brief look at some common MIL-SPEC sizes alongside their other common thread sizes. The Berry Amendment (USC, Title 10, Section 2533a) requires the Department of Defense (DoD) to give preference to locally produced, manufactured, or grown products, especially food, clothing, fabrics, and special metals. Congress initially passed restrictions on domestic sources as part of the DoD`s Fifth Supplementary Appropriations Act of 1941 to protect the national industrial base in wartime. It was made permanent in 1993 and added to the United States Code in 2002. [1] There are relatively few formal exceptions to the Berry amendment. The first general exception is when a government contract value is equal to or less than the Simplified Acquisition Threshold (SAT), which is $250,000. If you exceed the SAT threshold, you will need an exemption to be exempted.
In a situation with a waiver, a federal agency has decided that there are special circumstances in the acquisition of the material that exempt you from the rules of the Berry Amendment. .