DATE: April 26, 2002

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Modification of the Berry Amendment

SOURCE: Federal Register, April 26, 2002, Vol. 67, No. 81, page 20697

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is amending DFARS 225.7002, Restrictions on Food, Clothing, Fabrics, Specialty Metals, and Hand or Measuring Tools, to implement Section 832 of Public Law 107-107, which made minor modifications to the "Berry Amendment."

EDITOR'S NOTE: For more on the acquisition-related provisions of Public Law 107-107, see the January 2, 2002, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2002."

DATES: The interim rule is effective April 26, 2002. Comments on the interim rule must be submitted on or before June 25, 2002.

ADDRESSES: Respondents may submit comments directly on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, respondents may e-mail comments to: dfars@acq.osd.mil. Also, respondents who cannot submit comments through the web site or by e-mail may submit comments to Defense Acquisition Regulations Council, Attn: Amy Williams, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062, or by fax to 703-602-0350. Cite DFARS Case 2002-D002 when making comments on this interim rule.

FOR FURTHER INFORMATION CONTACT: Amy Williams, 703-602-0328.

SUPPLEMENTAL INFORMATION: The "Berry Amendment" requires that procurements of covered items in excess of 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..." The Berry Amendment had been a note to Title 10 of the United States Code (U.S.C.), Section 2241.

Section 832 of Public Law 107-107, Codification and Modification of Provision of Law Known as the "Berry Amendment", codifies the Berry Amendment as 10 U.S.C. Chapter 148, Section 2533a, Requirement to Buy Certain Articles from American Sources; Exceptions. It also made several minor modifications to the Berry Amendment, including clarifying that the Berry Amendment "does not apply to items purchased for resale purposes in commissaries, exchanges, or nonappropriated fund instrumentalities operated by the Department of Defense."

The interim rule makes the following changes to DFARS 225.7002:

In addition, DFARS 252.225-7012, Preference for Certain Domestic Commodities, is revised to reflect these changes.

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

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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