The Berry Amendment (10 U.S.C. § 4862) generally requires the Department of Defense to buy certain categories of goods, including textiles, fabrics, and specific components, only if they are grown, reprocessed, reused, or produced entirely in the United States. For a contracting officer or program manager sourcing protective cases, that means the fabric, webbing, and in some cases the case materials themselves have to trace back to domestic production, not just final assembly.
The statute targets specific categories: certain textiles and fabrics, clothing, tents, tarpaulins, and a handful of other specialty items used by DoD. It does not blanket-cover every manufactured good the Pentagon buys, coverage depends on the specific item and its component materials, which is exactly why buyers need to confirm compliance item-by-item with a supplier rather than assuming a whole product line qualifies.
DFARS 225.7002 lays out several exceptions, including a domestic non-availability determination when a qualifying item simply isn’t produced in the US in sufficient quantity, and a simplified acquisition threshold exception for smaller purchases. A supplier claiming an exception should be able to point to the specific DFARS clause and documentation, not just assert compliance verbally.
A DoD prime or subcontractor that ships a non-compliant item can face contract remedies, rework costs, and audit findings, the Defense Logistics Agency has flagged Berry Amendment compliance gaps in its own procurement audits. Vetting a case supplier’s compliance up front is far cheaper than discovering a gap after delivery.
What items are Berry Amendment compliant?
Coverage is item-specific, it generally applies to certain textiles, fabrics, clothing, tents, and related components purchased by DoD, not to every manufactured good. Confirm coverage for your specific line item rather than assuming.
Is the Berry Amendment still in effect?
Yes, it remains active DoD procurement law, now codified at 10 U.S.C. § 4862, with implementing rules in DFARS 225.7002.
How do I tell if a product is Berry compliant?
Ask the supplier for documentation tracing the covered components (fabric, textiles) to US production, or a certificate of compliance tied to your specific contract line item.
What are the exceptions to the Berry Amendment?
The most common are a domestic non-availability determination (the item isn’t produced domestically in adequate quantity) and a simplified acquisition threshold exception for smaller-dollar purchases, both defined in DFARS 225.7002-2.
See how AllCases’ AS9100D & ITAR certifications and our 463L Pallet Guide fit into the same government and defense procurement picture as Berry Amendment compliance.
AllCases designs, cuts, and installs custom foam inserts and protective cases for defense, government, aerospace, and industrial customers nationwide from our ITAR-compliant, AS9100D and ISO 9001:2015 certified facility in Oldsmar, FL. If you’re sourcing cases or foam for a DoD contract and need documented Berry Amendment and Buy American compliance, visit our homepage or request a quote and an engineer will follow up the same business day.
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