The Berry Amendment (USC, Title 10, Section 2533a), requires the Department of Defense (DoD) to give preference in procurement to domestically produced, manufactured, or home grown products, most notably food, clothing, fabrics, and specialty metals. Congress originally passed domestic source restrictions as part of the Fifth Supplemental DoD Appropriations Act of 1941 in order to protect the domestic industrial base in the time of war. It was made permanent in 1993, then added to the United States Code in 2002. [1]

Exceptions: There are a number of exceptions provided by the law. When using any of the exceptions, the contracting officer must ensure that the appropriate determination or documentation is in the contract file and the normally required DFARS clauses are omitted from the solicitation and contract. The exceptions established in DFARS 225.7002-2. [3]

The Defense Federal Acquisition Regulation Supplement (DFARS) was amended to include exceptions for the acquisition of food, specialty metals, and hand or measuring tools when needed to support contingency operations or when the use of other-than-competitive procedures is based on an unusual and compelling urgency. [1]

The specialty metals provision was added in 1973. This provision requires that specialty metals incorporated in products delivered under DOD contracts to be melted in the United States or a “qualifying country”. Specialty metals include certain steel, titanium, zirconium and other metal alloys that are important to the DOD. [1]

The aerospace and defense industry is impacted by provisions that apply to specialty metals: [2]

  • Steel with more than 1.65 percent manganese, .6 percent silicon or copper, or .25 percent aluminum, chromium, cobalt, columbium, molybdenum, nickel, titanium, tungsten, or vanadium.
  • Alloys of nickel, iron-nickel, or cobalt with other alloying metals in excess of 10 percent.
  • Titanium and titanium alloys.
  • Zirconium and zirconium alloys.

AcqLinks and References:

Updated: 7/17/2017

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