“Protecting America’s Warfighters”

1. “Protecting America’s Warfighters”

2. Berry AmendmentBackground Information • Google “Berry Amendment” and you will come up with 1,950,000 web sites • Defense Procurement & Acquisition Policy www.acq.osd.mil/dpap/paic/berryamendment.htm • Links to • Restrictions on DoD Purchases from Non – U.S. Sources Imposed by 10 U.S.C. 2533a (the “Berry Amendment”) • Berry Amendment Frequently Asked Questions

3. What is the Berry Amendment? • The Berry Amendment 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 Pub. L. 103-139. It was subsequently codified as 10 U.S.C. 2533a in 2002 by section 832 of Public Law 107-107. The law restricts any funding appropriated or otherwise available to DoD from being used to buy the following end items, components, or materials unless they are wholly of US origin: • An article or item of food; clothing; tents, tarpaulins, or covers; cotton and other natural fiber products; woven silk or woven silk blends; spun silk yarn for cartridge cloth; synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics); canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or any item of individual equipment (Federal Supply Class 8465) manufactured from or containing such fibers, yarns, fabrics, or materials; specialty metals, including stainless steel flatware; and hand or measuring tools. .

4. Where can I find the Berry Amendment Regulations? • The Berry Amendment is implemented through the Defense Federal Acquisition Regulation Supplement (DFARS) at Subpart 225.7002. The contract clauses that apply to the acquisition of the items listed in A.1., above, are 252.225-7012, 252.225-7014 and 252.225-7015 You can also find policy on the Berry Amendment in Procedures, Guidance and Information (PGI) 225_70

5. Textiles and Items Incidentally Incorporating Cotton, other Natural Fibers, or Wool • The Berry Amendment has very few exceptions for textiles. For the most part, if you are purchasing textiles in the United States ; all processing/manufacturing must be done in the US and all of the material must be domestically sourced. A notable exception is when you are purchasing an item that incidentally incorporates cotton, other natural fibers, or wool. If the value of the cotton, other natural fibers, or wool does not exceed 10% of the total purchase price of the end product AND if the value of the cotton, other natural fibers, or wool is less than the Simplified Acquisition Threshold, these fibers do not have to be of U.S. origin. For example: suppose you are purchasing $200,000 worth of small electrical appliances. These appliances have cords containing small amounts of cotton or wool, consisting of less than 1% of the total contract price. There are no other textile fibers or fabrics in this product. For this example, the total value of the cotton or wool on your contract is $1000. Since the amount of the cotton, natural fiber, or wool is less than 10% of the contract’s total value AND well under the simplified acquisition threshold, the fibers are not required to be of US origin. There are also some exceptions for fiber and yarn used in Synthetic fabric

6. Apparel Items • For purchases within the United States and its outlying areas, there are no exceptions to the Berry Amendment. Apparel items and all such raw materials must be grown, reprocessed, reused or produced in the United States .

7. Criminal Investigations • 18 U.S.C. 1001, False Statements • 18 U.S.C. 1341, Mail Fraud • 18 U.S.C. 1343, Wire Fraud • 18 U.S.C. 287, False Claims

8. Civil Investigations • 18 U.S.C. 287, False Claims

9. Questions

10. Defense Criminal Investigative Service contact: Special Agent Ken Maupin Resident Agent in Charge Philadelphia Resident Agency Phone: (610) 595-1900 kenneth.maupin@dodig.mil