Protecting Americas Warfighters

1
Protecting Americas 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 contracts 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
[phone] kenneth.maupin_at_dodig.mil