DoD Seal

OFFICE OF THE SECRETARY OF DEFENSE


3000 DEFENSE PENTAGON
WASHINGTON, DC 20301-1000

February 7, 1997
DoD 50 Year Seal

 
ACQUISITION AND
 TECHNOLOGY

     DP(DAR)

                                                     In reply refer to
                                                     DFARS Case: 96-D333
                                                     D. L. 97-009



     MEMORANDUM FOR DIRECTORS OF DEFENSE AGENCIES
                    DEPUTY FOR ACQUISITION AND BUSINESS MANAGEMENT,
                      ASN(RD&A)/ABM
                    DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE
                      (CONTRACTING), SAF/AQC
                    DIRECTOR, PROCUREMENT POLICY, ASA(RD&A)/SARD-PP
                    DEPUTY DIRECTOR (ACQUISITION), DEFENSE LOGISTICS
                      AGENCY



     SUBJECT:   Application of Berry Amendment


          We have amended the Defense Federal Acquisition Regulation
     Supplement (DFARS) to implement Section 8109 of the National
     Defense Appropriations Act for Fiscal Year 1997 (Pub. L. 104-208).
     Section 8109 provides that in applying the Berry Amendment
     (10 U.S.C. 2241 note), the term "synthetic fabric and coated
     synthetic fabric" shall be deemed to include all textile fibers
     and yarns that are for use in such fabrics; and that the
     restrictions of the Berry Amendment shall apply to contracts and
     subcontracts for the procurement of commercial items.


          The attached interim DFARS rule is effective immediately and
     will be included in a future Defense Acquisition Circular.





                                              /s/

                                    Eleanor R. Spector
                                    Director, Defense Procurement

     Attachment

     cc: DSMC, Ft. Belvoir


DFARS Case 96-D333,
Application of Berry Amendment
Interim Rule

PART 212 - ACQUISITION OF COMMERCIAL ITEMS

* * * * *

SUBPART 212.5 - APPLICABILITY OF CERTAIN LAWS TO THE ACQUISITION OF COMMERCIAL ITEMS

* * * * *

212.504 Applicability of certain laws to subcontracts for the acquisition of commercial items.

PART 225--FOREIGN ACQUISITION

* * * * *

SUBPART 225.70 - AUTHORIZATION ACTS, APPROPRIATIONS ACTS, AND OTHER STATUTORY RESTRICTIONS ON FOREIGN ACQUISITION

* * * * *

225.7002 Restrictions on food, clothing, fabrics, specialty metals, and hand or measuring tools.

225.7002-1 Restrictions.

* * * * *

225.7002-2 Exceptions.
Acquisitions in the following categories are not subject to the restrictions in 225.7002-1 -

* * * * *

* * * * *

PART 244 - SUBCONTRACTING POLICIES AND PROCEDURES

* * * * *

[SUBPART 244.4 - SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS

244.403 Contract clause.
Use the clause at 252.244-7000, Subcontracts for Commercial Items and Commercial Components (DoD Contracts), in solicitations and contracts for supplies or services other than commercial items, that contain the clause at 252.225-7014, Preference for Domestic Specialty Metals, Alternate I.]

* * * * *

PART 252 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

* * * * *

252.212-7001 Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.
As prescribed in 212.301(f)(iii), use the following clause:

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS ([FEB] 1997)

* * * * *

252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note).]

* * * * *

252.225-7012 Preference for Certain Domestic Commodities.
As prescribed in 225.7002-3(a), use the following clause:

PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES ([FEB 1997])

* * * * *

252.225-7014 Preference for Domestic Specialty Metals.
As prescribed in 225.7002-3(b), use the following clause:

PREFERENCE FOR DOMESTIC SPECIALTY METALS ([FEB 1997] )

* * * * *

(End of clause)


ALTERNATE I ([FEB 1997])
As prescribed in 225.7002-3(b), [substitute the following paragraph (c) for paragraph (c) of the basic clause, and add] the following paragraph (d) [to the basic clause]:

* * * * *

[252.244-7000 Subcontracts for Commercial Items and Commercial Components (DoD Contracts).

As prescribed in 244.403, use the following clause:

SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD CONTRACTS) (FEB 1997)

In addition to the clauses listed in paragraph (c) of the Subcontracts for Commercial Items and Commercial Components clause of this contract, the Contractor shall include the terms of the following clause, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract:

252.225-7014, Preference for Domestic Specialty Metals, Alternate I (10 U.S.C. 2241 note).

(End of clause)]