Is Berry compliance required for the footwear to be procured for an R&D effort using RDT&E funding lines? If Berry compliance is required, what is the threshold under which Berry compliance (in dollars) would not be required? Is there a SAT for Berry compliance?
Thank you for your time, and answers. I appreciate it.
This is great, it has been awhile since we’ve received a Berry Amendment question.
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Note to other readers: the Berry Amendment is a domestic source restriction that applies only to the Department of Defense. It is a statutory (and regulatory) requirement that DoD only procure food, clothing, fabrics, hand or measuring tools, and flags (either as end products or components of another end product), if the items have been grown, reprocessed, reused, or produced in the United States.
Back to the question. It does not make any difference what type of funding (e.g. RDT&E funding) is obligated on the contract instrument. Unless (and this is highly unlikely) there was specific language in the appropriation which said the Berry Amendment was exempt. Again, this is highly unlikely. Your comptroller would know how to determine this.
The guidance on how to comply with and implement Berry into solicitations and resultant contracts is found at DFARS 225.7002. There is additional guidance at DFARS PGI 225.7002-1. This is a very short read and easy to follow, we encourage you to view it. DAU also has a continuous learning module (CLC 125) that covers the Berry Amendment.
The exceptions to the Berry Amendment are listed at DFARS 225.7002-2, you’ll see at 225.7002-2(a) that Berry Amendment restrictions do not apply for acquisitions below the simplified acquisition threshold ($150,000). Based on the limited information provided, there does not appear to be another exception that applies… unless this R&D effort you are supporting is for use outside the U.S. and in support of combat operations [see DFARS 225.7002-2(d)]. Please review the entire list of exceptions as another may apply based on all of the facts and circumstances involved with your procurement.