Berry Covered Items
The Berry Amendment - Covered Items
The Berry Amendment requires that any funding appropriated or otherwise made available to the Department of Defense (DoD) may not be used for the procurement of any of the following items, either as end products or components, unless the items have been grown, reprocessed, reused or produced in the United States. This applies to prime contractors and subcontractors.
- Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. For additional guidance and examples, see PGI 225.7002-1(a)(2);
- Tents and the structural components of tents, incluidng tarpaulins and 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;
- Wool (whether in the form of fiber or yarn or contained in fabrics, materials or manufactured articles); and
- Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing such fibers, yarns, fabrics, or materials that are manufactured in the United States.
In February 2014, DoD issued a class deviation for the acquisition of the American Flag. Effective immediately, when using funds appropriated under the Department of Defense Appropriations Act of 2014 (Public Law 113-76, Division C), contracting officers shall incorporate the following clause in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are for the acquisition of American flags and have an estimated value that exceeds the simplified acquisition threshold, unless the flags are for commissary resale. This class deviation implements section 8123 of the Department of Defense Appropriations Act of 2014:
DoD advises that the Berry Amendment is case-specific. If a domestic industry interest bids on a clothing or textile contract, and the interested party has questions as to whether or not his/her material is Berry compliant, the interested party should consult with the contracting officer in charge of that contract to determine how Berry affects that procurement. Whether the Berry Amendment applies is determined for any procurement on a case-by-case basis by the contracting officer.