Logo of the International Trade Association
Office of Textiles and Apparel
Dedicated to increasing the international competitiveness of the U.S. fiber, textile, apparel, footwear, and travel goods industries

Berry Amendment Applies

The Berry Amendment - Application

When the Berry Amendment Applies

The Berry Amendment applies when buying covered items by or for DoD. The law applies to all purchases over the simplified acquisition threshold using funds either appropriated for DoD or otherwise made available to it. This includes foreign military sale transactions and any time a DoD buying activity is purchasing on behalf of another agency. Likewise, any purchase on behalf of DoD by another agency, for example the General Services Administration (GSA), must also comply. Berry Amendment rules apply even if the DoD-funded purchase is not a DoD-awarded contract. The Berry Amendment follows the funds – if DoD funds are sent to another federal agency, Berry still applies.

The law applies to BOTH end items and components. Acquisition officers are responsible for investigating if a covered material may be present in a component of the item(s) being purchased. The requirement for domestic origin flows down through all the tiers of suppliers, e.g., it does not stop with what the prime contractor manufactures or assembles. The prime contractor is responsible for verifying the source of all materials and components from subcontractors.

When buying clothing, all components of the clothing are covered (if they are normal components of clothing).

However, if the Berry Amendment applies to a particular fabric, the other components of an item containing that fabric may not be covered by the Berry Amendment. For example, if a procurement is for a wooden chair with a padded seat cushion, the fabric of the seat cushion is covered but the wood is not.

Whether the Berry Amendment applies is determined for any procurement on a case-by-case basis by the contracting officer.

The Berry Amendment does not apply to DoD non-appropriated funds.

 

×

Global Business Navigator Chatbot Beta

Welcome to the Global Business Navigator, an artificial intelligence (AI) Chatbot from the International Trade Administration (ITA). This tool, currently in beta version testing, is designed to provide general information on the exporting process and the resources available to assist new and experienced U.S. exporters. The Chatbot, developed using Microsoft’s Azure AI services, is trained on ITA’s export-related content and aims to quickly get users the information they need. The Chatbot is intended to make the benefits of exporting more accessible by understanding non-expert language, idiomatic expressions, and foreign languages.

Limitations

As a beta product, the Chatbot is currently being tested and its responses may occasionally produce inaccurate or incomplete information. The Chatbot is trained to decline out of scope or inappropriate requests. The Chatbot’s knowledge is limited to the public information on the Export Solutions web pages of Trade.gov, which covers a wide range of topics on exporting. While it cannot provide responses specific to a company’s product or a specific foreign market, its reference pages will guide you to other relevant government resources and market research. Always double-check the Chatbot’s responses using the provided references or by visiting the Export Solutions web pages on Trade.gov. Do not use its responses as legal or professional advice. Inaccurate advice from the Chatbot would not be a defense to violating any export rules or regulations.

Privacy

The Chatbot does not collect information about users and does not use the contents of users’ chat history to learn new information. All feedback is anonymous. Please do not enter personally identifiable information (PII), sensitive, or proprietary information into the Chatbot. Your conversations will not be connected to other interactions or accounts with ITA. Conversations with the Chatbot may be reviewed to help ITA improve the tool and address harmful, illegal, or otherwise inappropriate questions.

Translation

The Chatbot supports a wide range of languages. Because the Chatbot is trained in English and responses are translated, you should verify the translation. For example, the Chatbot may have difficulty with acronyms, abbreviations, and nuances in a language other than English.

Privacy Program | Information Quality Guidelines | Accessibility