Buy American Compliance Stressed by DOD
June 30, 2017

A recent memo from the office of the Under Secretary of Defense, reminded U.S. Department of Defense agencies about the importance of the Berry Amendment and the Buy American Act.

The Berry Amendment is a domestic sourcing preference law stating that if Department of Defense funds are used, only U.S.-made items can be purchased with respect to certain product categories - i.e. textiles, clothing, hand and measuring tools, and food.

"On April 18, 2017, the President signed Executive Order 13788, Buy American and Hire American, which requires agencies to 'scrupulously monitor, enforce, and comply with Buy American Laws.' Guidance regarding implementation of this executive order is forthcoming. At the same time, recent fraud convictions related to compliance with Buy American laws highlight the need for the defense acquisition workforce to be vigilant in its oversight and enforcement strategies," read the memo from Claire M. Grady, director of defense procurement and acquisition policy. "Over the past several years, the Department of Defense Inspector General conducted four audits on DoD's compliance with the Berry Amendment and Buy American Act. The DoDIG identified numerous contracts where the Berry Amendment and Buy American Act clauses should have been, but were not included in contracts, where compliance with the law and regulations were neither applied nor properly justified, or where potential Anti-Deficiency Act violations may have occurred.

The memo further encourages improved compliance with both the Berry Amendment and the Buy American Act through continuing education programs.

Source: Textiles and Trade