DATE: May 22, 2001

SUBJECT: Navy Acquisition Procedures Supplement (NAPS) Change 97-15; Determinations Under the Berry Amendment

SOURCE: NAPS Change 97-15, May 14, 2001

AGENCIES: Department of the Navy

ACTION: Revision

SYNOPSIS: The Navy is revising NAPS 5225.7002, Restrictions on Food, Clothing, Fabrics, Specialty Metals, and Hand or Measuring Tools, to require that all Navy non-availability determinations under the "Berry Amendment" be made by the Secretary of the Navy without power of redelegation.

EDITOR'S NOTE: The NAPS is Chapter 52 of Title 48 of the Code of Federal Regulations. It is available on the Internet at http://www.abm.rda.hq.navy.mil/naps/index.html.

For more on the Air Force action to comply with the Berry Amendment memorandum, see the May 9, 2001, FEDERAL CONTRACTS DISPATCH "Air Force Federal Acquisition Regulation Supplement (AFFARS); Determinations Under the Berry Amendment."

EFFECTIVE DATE: May 14, 2001.

SUPPLEMENTAL INFORMATION: The Berry Amendment (Title 10 of the United States Code, Section 2241, note) requires that any acquisition above the $100,000 simplified acquisition threshold for "food, clothing, tents, tarpaulins, 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, canvas products, or wool...or specialty metals including stainless steel flatware, or hand measuring tools..." must be grown, reprocessed, reuse, or produced in the United States or its possessions, unless the "Secretary of Department concerned" determines that satisfactory quality and sufficient quantity "cannot be procured as and when needed at United States market prices..." Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2, Exceptions, permits the Secretary concerned, or designee, to make this determination. NAPS 5225.7002-2, Exceptions, states that "the HCA [head of the contracting activity] is the Secretary's designee."

On May 1, 2001, Deputy Secretary of Defense Paul Wolfowitz issued a memorandum to the Undersecretary of Defense for Acquisition, Technology and Logistics, and to the Secretaries of the Army, Navy, and Air Force withdrawing their authority to redelegate their authority to make determinations to waive the Berry Amendment, and rescinding existing redelegations.

Therefore, the Navy is revising NAPS 5225.7002-2 to state that "requests for Secretary of the Navy determinations should be submitted through ABM [Deputy for Acquisition and Business Management, Office of the Assistant Secretary of the Navy (Research, Development, and Acquisition)]."

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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