Berry Amendment Overview

What is the Berry Amendment?

The Berry Amendment is a critical statutory requirement (10 U.S.C. 2533a and DFARs Section 225.7002 ), originating in 1941, that acts as a domestic sourcing law for the DOW. Its core mandate is to protect the U.S. industrial base by restricting the DOW from using funds to procure certain goods that are not grown, reprocessed, reused, or produced in the United States. For the DLA Troop Support Clothing & Textiles supply chain, this is one of the most critical and non-negotiable regulations governing its procurements.

The Berry Amendment is a critical, mandatory requirement for most Clothing & Textile (C&T) contracts. Failure to comply with domestic sourcing rules is a primary reason for proposal rejection and could lead to legal consequences if failure occurs during contract performance.

When applied to a C&T item, this means that an end product, as well as all of the components and materials that go into that final product, must be “grown, reprocessed, reused or produced in the United States.” See DFARS 225.7002-1 . Vendors who wish to do business with the C&T supply chain should familiarize themselves with the Berry Amendment, which includes how the Berry Amendment applies to various items in the supply chain (including but not limited to: clothing; tents; cotton, silk, canvas, wool, and synthetic fabrics; individual equipment; flags of the United States).

For many C&T uniforms, boots, and textile end items, this translates into strict requirements:

Materials must be sourced domestically: From the raw fibers to the finished fabric, all components (even non-textile subcomponents) must originate in the United States (i.e., come from domestic sources).
Manufacturing must occur in the United States: Cutting, sewing, and final assembly processes must take place within the U.S.
Exceptions are extremely limited and must be authorized by law.

Suppliers must review DLA Troop Support’s Letter to Suppliers about Berry Amendment Compliance (PDF) and C&T Additional Quality Assurance Requirements (PDF), which are provided under C&T Industry Support resources.

Some times there will be exceptions to the Berry Amendment. Common C&T Berry Amendment examples include:

Chemical warfare protective clothing from qualifying countries
Cotton and wool waste or byproducts for propellants and explosives
Para-aramid fibers & yarns (from qualifying countries only)

See more policy on Berry Amendment exceptions at DFARs 225.7002-2 Exceptions .

Based on DFARS 225.003 a "Qualifying Country"

“Qualifying country” means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Israel, Italy, Japan, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom of Great Britain and Northern Ireland.

DFARS 225.003 Definition of Qualifying Country

What a Supplier Needs to Know to be Compliant

Failure to comply with the Berry Amendment can result in contract termination, financial penalties, and disqualification from future contracts.

Here is what a supplier must do:

Ensure 100% Domestic Sourcing: You must be able to prove that every single component of your end product is sourced and produced within the United States. This requires a deep understanding and diligent management of your entire supply chain.
Maintain Full Traceability and Documentation: You are responsible for proving compliance by maintaining meticulous records that provide an unbroken chain of custody for all materials. This often involves:

Supply Chain Audits: Being prepared to audit your own suppliers to verify their claims of domestic origin. The prime contractor bears the ultimate responsibility.
CoC (Certificates of Conformance): Obtaining and keeping CoCs from your own suppliers that explicitly state their products are Berry Amendment compliant.

Flow Down the Requirement: Prime contractors must flow down the Berry Amendment clause to all of their subcontractors and suppliers at every tier of the supply chain. It is your responsibility to ensure every partner involved in creating the product understands and adheres to the law.

Key Resources

Assistant Secretary of War Acquisition Policy - International Contracting - Berry Amendment (10 U.S.C. 2533a) FAQS - It provides small businesses with legal guidance on DFARS 225.7002 , foreign material thresholds, subcontracting flow-downs, and steps for reporting/correcting compliance discrepancies.
DoW Inspector General September 2025 Audit of the Defense Logistics Agency's Compliance with the Berry Amendment - Example of how DOW audits DLA on Berry Amendment Compliance.
Congressional Research Service Article on Kissell and Berry Amendments (PDF)
DLA Troop Support Clothing and Textiles Directorate Domestic Nonavailability Determinations (DNADs) - DLA Clothing and Textiles site for when there is nonavailability in domestic products. This is used when an item cannot be grown, reprocessed, reused, or produced in the US in the needed quality or quantity required for the warfighter.