Restrictions on DoD Purchases from Non-U.S. Sources Imposed by 10 U.S.C. 2533a
Unless a specific exception in law applies, the products, components, or materials listed below must be grown, reprocessed, reused, or produced in the United States if they are purchased with funds made available (not necessarily appropriated) to DoD. Except for manufactured or processed food, and chemical warfare protection clothing as explained in DFARS 225.7002-2, "Exceptions", this applies to prime contractors and subcontractors at any tier.
Berry Amendment restrictions are implemented by the DoD Federal Acquisition Regulation Supplement (DFARS) 252.225-7002. The DFARS clauses cited in the table below implement the restrictions in DoD solicitations (Invitations for Bids or Requests for Proposals) and DoD contracts. If one or more of the cited clauses is included in a solicitation or contract, the Berry Amendment restrictions apply to that procurement.
Item, Component, or Material:
- food (252.225-7012)
- clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. (252.225-7012)
- tents, tarpaulins, or covers (252.225-7012)
- cotton and other natural fiber products (252.225-7012)
- woven silk or woven silk blends
- spun silk yarn for cartridge cloth (252.225-7012)
- synthetic fabrics or coated synthetic fabrics, (including all textile fibers and yarns therein) (252.225-7012)
- canvas products
- wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles) (252.225-7012)
- items of individual equipment (items in Federal Supply Class 8465) manufactured from or containing any of the above listed fibers, yarns, fabrics, or materials(252.225-7012)
- hand tools (252.225-7012)
- measuring tools (252.225-7012)
Prior to January 6, 2006, the Berry Amendment provided that the Department of Defense could not buy an article or item of "clothing" that was not grown, reprocessed, reused, or produced in the United States. On January 6, 2006, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2006. Section 833 of the Act added language to 10 U.S.C. 2533a stating that the restriction applies to clothing "and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components).
On October 17, 2007, President Bush signed the Fiscal Year National Defense Authorization Act, containing Section 842 which established the restriction of specialty metals under a new section 10 U.S.C. 2533b. Please see our web page on the specialty metals restriction.