U.S. Department of Defense contracts for clothing and textiles are general subject the the Berry Amendment, which was originally passed by Congress in 1941 to promote the purchase of certain U.S. goods. The Amendment was included in subsequent defense appropriations act until it was made permanent in Fiscal Year 1994 by section 8005 of Public Law 103-139. It was subsequently codified as 10 U.S.C. 2533a in 2002 by section 832 of Public Law 107-107.
The Berry Amendment applies only to the U.S. Department of Defense ("DOD"). As implemented in the Defense Federal Acquisition Regulation Supplement ("DFARS"), it generally restricts DOD's expenditure of funds for supplies consisting in whole or in part of certain articles and items not grown or produced in the United States or its possessions.
The restrictions apply to:
- tents, tarpaulins, or covers;
- cotton and other natural fiber products, or wool;
- woven silk or woven silk blends;
- spun silk yarn for cartridge cloth;
- synthetic fabric or coated synthetic fabric;
- canvas products;
- individual equipment manufactured from or containing any of the listed fibers, yarns, fabrics, or materials;
- certain specialty metals; and
- hand or measuring tools.
The Berry Amendment applies to all funds "made available" to the Defense Department. That includes Department of Defense procurement for a Foreign Military Sale ("FMS") where the funds were provided by the customer country.
When the Berry Amendment applies to aquisition of textiles or clothing, it applies to the final product, as well as all fiber components. For example, Navy peacoats of wool must be made in the U.S.A., of fabric woven in the U.S.A., of yarn spun in the U.S.A., of wool from sheep that grazed on U.S.A. soil.
Clients of Agathon Associates can learn more about the Berry Amendment at www.agathonassociates.com/textile-pri/berry/index.htm. You will need to enter your username and password. If you do not know your username and password email David Trumbull at firstname.lastname@example.org.