"Berry compliant" shows up on product pages, in catalogs and on quotes. It is a conclusion. It tells you the seller believes the item meets a rule. It does not tell you what the seller checked, or whether they checked the fabric or only the label sewn into the collar.
This article is for Department of Defense buyers and the primes who flow the requirement down. It covers what the Berry Amendment reaches, the categories of exceptions, what proof to ask a supplier for, and why specialty metals is a separate rule. For how Berry sits next to Buy American and the Trade Agreements Act, read country of origin on government purchases.
What the rule is
The Berry Amendment is codified at 10 U.S.C. 4862. DoD's implementation is in the DFARS: the covered commodities are in DFARS 225.7002-1, the exceptions in DFARS 225.7002-2, and the contract clause is DFARS 252.225-7012, Preference for Certain Domestic Commodities. Confirm against the current DFARS on the date of your buy.
The clause has the contractor deliver only covered items, as end products or as components, that were grown, reprocessed, reused or produced in the United States. Three things in that sentence do the work:
- It reaches components as well as end products. A finished item can fail because of what is inside it.
- The test is where the commodity was grown, reprocessed, reused or produced, which is different from where the final item was assembled.
- It is a DoD rule. A civilian agency purchase does not carry it unless the contract says so.
What it covers
The commodity list in DFARS 225.7002-1 and the clause include:
- Food
- Clothing and its materials and components (excluding added sensors, electronics or similar items not normally associated with clothing)
- Tents, tent structural components, tarpaulins and covers
- Cotton and other natural fiber products
- Woven silk and woven silk blends, and spun silk yarn for cartridge cloth
- Synthetic fabrics and coated synthetic fabrics, including their textile fibers and yarns
- Canvas products
- Wool in fiber, yarn, fabric or manufactured form
- Individual equipment (Federal Supply Class 8465) made from or containing those materials
Separately, 225.7002-1 restricts hand or measuring tools unless they were produced in the United States.
Tactical gear lands in this list more often than buyers expect. A pack, a vest carrier, a pouch, a glove, a cover or a pair of trousers is typically textile based, and the item may be clothing or individual equipment. Whether a specific item falls in a category depends on the item and the contract. We do not decide that for a buyer. We point out that a product's marketing name ("tactical," "field," "duty") does not decide it either.
Where the claim breaks down
Think about what a "Berry compliant" statement usually rests on. Sometimes it rests on the finished item being sewn in the United States. That is a fact about one step. The rule asks about more.
- Fabric. A jacket sewn in the United States from fabric woven abroad has a component problem.
- Fiber and yarn. The clause names fibers and yarns for synthetic fabrics. A fabric can be woven domestically from imported fiber or yarn.
- Trim and components. Thread, webbing, zippers and hook and loop tape can be separate components. Whether each is a covered item depends on what it is made of and how the item is classified, which is a question for the manufacturer and, if needed, the contracting officer.
- Coatings. The coated synthetic fabric category means the base cloth and the coating process both matter.
- Mixed production. The same model can be made in more than one facility, or with material from more than one mill, in different production lots.
A label that says "Made in USA" answers none of these. It is also a different standard from Berry in its own right. We would not accept it as proof, and we would not quote a line on that basis alone.
Exceptions exist, and they are the buyer's to apply
DFARS 225.7002-2 contains a set of exceptions, and the clause repeats the main ones. We are naming categories only, because the specifics and any dollar figures in the text change with updates and are for the contracting officer to read.
- A dollar threshold exception for small acquisitions
- A determination that the item cannot be acquired domestically in satisfactory quality and sufficient quantity at U.S. market prices when needed (domestic nonavailability)
- Items on the FAR 25.104 nonavailability list
- Certain acquisitions outside the United States, including those supporting combat operations and emergencies
- Perishable foods for personnel outside the United States, and certain food and tool cases under contingency or urgent conditions
- Incidental amounts of cotton, natural fiber or wool in an end product
- Certain waste and by-product materials, certain fibers and yarns for synthetic fabric, and some chemical warfare protective clothing under a qualifying country arrangement
- U.S. manufactured or processed foods, with limits for seafood
Two practical points. First, an exception is applied by the government, not self-declared by a supplier. A supplier who says "this is under the threshold, so it does not matter" is making a call that belongs to the buyer. Second, the dollar threshold language has its own conditions, such as how the value is measured. Read the paragraph, do not rely on a paraphrase, including ours.
What proof to ask for
If Berry applies to your purchase, ask the supplier to put in writing, by part number:
- Which Berry category the supplier believes the item falls in, or a statement that it falls in none, and the basis.
- Origin of the fabric, with the country where it was woven, knit or otherwise produced.
- Origin of the fiber and yarn, where the item is synthetic, cotton, wool or silk based, or a statement of why that level does not apply.
- Origin of the main components, such as webbing, thread and fasteners, to the extent they are covered.
- Where the item was cut, sewn and assembled.
- A signed, dated statement from the manufacturer, with a contact. Not a catalog page, and not the reseller's summary.
- Which exception, if any, the supplier is asking the buyer to apply. The supplier asks. The contracting officer decides.
For a small purchase, you may reasonably ask for a shorter version. The more the item looks like clothing or individual equipment, and the larger the buy, the more of the chain you should see. If the manufacturer cannot say where the fabric came from, that is information.
Specialty metals is a separate rule
Buyers sometimes treat "Berry" as the DoD origin rule for everything. It is not. Specialty metals restrictions sit at DFARS 225.7003 and cover certain defense items, such as aircraft, ships and weapon systems and their parts, where specialty metals must be melted or produced domestically. A fastener, a buckle or a hardware component on a piece of gear can raise a different question under a different section. Berry compliance does not settle it, and specialty metals compliance does not settle Berry.
The same logic holds for the other rules. Berry does not replace the Buy American domestic content test or a Trade Agreements Act statement. Which of them the contract invokes is a matter of the clauses, so read them.
How Lunula Supply handles it
When a requirement carries the Berry clause, we ask the manufacturer for origin of the fabric, fiber and assembly by part number before we quote, and send what we get with the quote. If the manufacturer cannot answer, we tell the buyer before the deadline and do not quote the line as compliant. If the government names a specific item and its origin does not fit, we disclose that to the contracting officer. See foreign origin item: disclose, don't guess for how we do that.
Have a DoD textile or gear requirement? Contact us or see what we supply.
Frequently asked questions
Does "Berry compliant" mean the item is made in the USA?
Not necessarily. Berry asks whether covered commodities, including components such as fabric and fiber, were grown, reprocessed, reused or produced in the United States. A finished item can be sewn here and still contain material that fails. Ask for origin below the finished goods label.
Does the Berry Amendment apply to civilian agency purchases?
It is a DoD requirement, implemented in the DFARS. A civilian purchase would carry it only if the contract included it. Read the clauses in your solicitation.
Who decides whether an exception applies?
The government does. The DFARS exceptions are applied by the contracting officer or another official named in the text. A supplier can point to one and ask, but should not apply it alone.
Is specialty metals compliance the same as Berry compliance?
No. Specialty metals is a separate restriction at DFARS 225.7003 for certain defense items, and Berry is the commodity restriction at 225.7002. A product can raise questions under one and not the other.
General information, not legal advice. References were checked against the DFARS text (read through law.cornell.edu) on the publish date. Your contract's clauses and the current DFARS control.