XL EagleBerry Amendment
Berry Amendment. The Berry Amendment is a law that requires the Department of Defense to buy certain items that are entirely grown, reprocessed, reused, or produced in the United States. Covered items include food, clothing, tents, fabrics and textiles, and hand or measuring tools.
Unlike the Buy American Act, there is generally no percentage test. The item and its covered materials must be fully domestic. It is implemented through DFARS and generally applies above the simplified acquisition threshold, with limited exceptions.
Why it matters to a small contractor
If you sell uniforms, gloves, bedding, tarps, or hand tools to military buyers, the Berry Amendment can rule out many imported products. Check the DFARS clauses and ask your supplier for a written statement that the item and its fabric are made in the United States.
Example
A supplier quoting rain ponchos to an Army installation finds the cheapest option uses imported fabric. Because the solicitation includes the Berry Amendment clause, they switch to a poncho made from U.S. fabric and sewn in the United States.
Berry Amendment: common questions
Does the Berry Amendment apply to other agencies?
It applies to the Department of Defense. Some other agencies have similar rules for certain items, such as the Kissell Amendment at DHS, so check the solicitation.
Is Berry Amendment the same as Buy American?
No. Buy American uses a domestic content percentage. Berry generally requires the covered item to be 100 percent domestic.
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