Archive for the ‘Deputy Assistant Secretary of the Army – Procurement’ Category

What Exactly is the Berry Amendment?

August 26, 2019

Probably one of the most misunderstood two words associated with textiles and the world of Defense personal protection product development and sales. I can not count how many times I have heard the words “oh this doesn’t apply to the Berry Amendment” (well yes in fact a soft body armor vest does fall under the Berry Amendment law) or “oh yes this does meet the requirement for Berry compliance” (while I look at the manufacturing tag that says “Made in China”). So how about it – questions we are all too afraid to ask because we should know better – what exactly is and isn’t when it comes to the Berry Amendment?

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First of all instead of reading marketing literature or talking to well meaning sales and business development people (myself being one), lets go to the actual DPAP  (Defense Procurement and Acquisition Policy) which is a program under the Under Secretary of Defense for Acquisition and Sustainment (USD (A&S)). The Berry Amendment was originally passed by Congress in 1941 to promote the purchase of certain U.S. goods.  The amendment is codified at 10 U.S.C 2533a by section 832 of Public Law 107-107. What this really means in government contracting speak is that the Berry Amendment is required – its not recommended, its not suggested, its not “maybe we should” but its a law with consequences that can involve doors and windows with bars.

For more information on violations and what the Inspector General may have found in 2016 other services is true – potentially over $200 billion in lost manufacturing manufactured overseas instead of in the United States. The Honorable Frank Kendall then Under Secretary of Defense for Acquisition, Technology and Logistics at https://www.murphy.senate.gov/download/buy-american-letter.  Interesting reading but that was in 2016 and positive changes have been implemented – but back to Berry.

Here is what Berry means  “the law restricts any funding appropriated or otherwise available to DoD”  first and foremost this is a law which applies to the Department of Defense which means the DOJ, DHS or DOS are not required to comply with this law. They must comply with the Buy American Act (which is likely the second most misunderstood policy associated with personal protection products, uniforms and boots).

To continue “from being used to buy the following end items, components, or materials unless they are wholly of US origin:” so what this means regarding cotton

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From polymer to finished product

or wool for instance is the ground that the item grows on, the people who harvest the fibers, the location where that item is processed and turned into a textile item or yarn, the location where that textile is turned into a non-woven, knit or woven material and then finished; the location and people who then cut and sew that end item into a finished good – all have to be American (which includes Puerto Rico).

The details “An article or item of food; clothing; tents, tarpaulins, or covers; cotton and other natural fiber products; woven silk or woven silk blends; spun silk yarn for cartridge cloth; synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics); canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or any item of individual equipment (Federal Supply Class 8465) manufactured from or containing such fibers, yarns, fabrics, or materials; and hand or measuring tools.”  Whew that is saying a lot.

What this really means is you can’t buy boots from China and change the tags to say JAIL CELL“Made in America” because jail time may be included. For more examples of “can this be really true” see “chief executive officer of Wellco Enterprises, Inc. and its corporate parent Tactical Holdings Operations, Inc., sentenced 41 months in federal prison for defrauding the government”  or review the investigation of Dunlap zippers incorporating a slider — the small tab and attachment that is pulled up and down to open and close a zipper — made in Asia that had very negative consequences.

 

So its clear that textile base materials that go into clothing and gear (including ballistics, armor and body armor) must be manufactured in the USA.  But what about items that are procured for other partner countries through a FMS process? Do these still have to comply with the Berry Amendment? Yes. FMS funding and other Federal agencies’ funding is being made available to DoD and therefore falls under the Berry Amendment. 4C8A6E1B-14E3-4BCB-ADE1-61744D3643B4And in fact if the DoD provides funding to another agency to buy items, the Berry Amendment applies.

Almost last – often heard in the industry is “oh the Berry Amendment doesn’t apply because the purchase is under SAT.” So lets look at that because this is actually true. The Berry Amendment does not apply if the Government prime contract is below the SAT.   In order to understand what that is we need to go to 2 CFR § 200.88 – Simplified Acquisition threshold.  What SAT is the dollar amount below which organizations may make purchases using small purchase methods. Federal simplified acquisition threshold (formerly known as the federal small purchase threshold) -increased from $150,000 to $250,000. http://acqnotes.com/acqnote/careerfields/simplified-acquisition-procedures-sap   So if your program or purchase is under $250,000 your policy moves from Berry Amendment to Buy American Act for compliance. 

Last – “we have a DNAD so berry doesn’t apply.” Well maybe – a Domestic Non-Availability Determination (DNAD)) is a waiver to the Berry Amendment and can be granted if the Secretary concerned determines that “items grown, reprocessed, reused, or produced in the United States cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at U.S. market prices.”  This is not an easy piece of paper to get because the signatures are from one of these four – the Under Secretary of Defense (Acquisition, Technology and Logistics), the Secretary of the Army, the Secretary of the Navy or the Secretary of the Air Force – but good luck with that!

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US Defense Bill to Supports Made in USA

February 9, 2017

Fabric rolls IDEX.jpgFrom the National Council of Textile Organizations (NCTO),which represents domestic textile manufacturers, the Senate’s 92-7 vote to pass Fiscal Year 2017 National Defense Authorization Act (NDAA) according to NCTO President & CEO Auggie Tantillo is “a good bill.”  Tantillo says of the bill “It supports American troops, strengthens our national security, and includes many provisions important to the US textile industry.”

The Department of Defense (DOD) sourced roughly $1.5 billion (USD) in textiles and clothing in 2016. Textiles fall under the buy-American procurement provision known as the Berry Amendment. The Berry Amendment (10 U.S.C. 2533a) requires the Department of Defense to buy textiles and clothing made with 100% United States content and labor.

berry-amendment-berry-compliant-bootsThe FY 2017 NDAA conference report reflects several other positive outcomes for the US based textiles industry. (1) no increase to the simplified acquisition threshold (SAT). Procurements in excess of the SAT require compliance with the Berry Amendment. The SAT level is $ 150,000. If the SAT threshold were increased, contracts might be awarded to international bidders and a lose for US industry. (2) the athletic footwear voucher program that has been in place for decades ended. Now the works begins to ensure all athletic footwear purchased by DoD is Berry-compliant. (3) DoD and the State Department procurement officials have been directed to provide key congressional defense and foreign relations committees updates on how each department is making efforts to ensure US manufacturers are aware of procurement opportunities relating equipping foreign security forces. Information source: http://www.ncto.org

For the complete details please visit http://www.innovationintextiles.com/industry-talk/new-us-defence-bill-to-support-made-in-usa-products/utm_content=47764882&utm_medium=social&utm_source=linkedin#sthash.8yKW5WZO.dpuf

What . . . Army Staff Identification Badge ?

February 2, 2017

What exactly is that green looking badge worn by many working in the Pentagon? The badge is called Army Staff Identification Badge (ASIB) and awarded to those who are assigned to the Office of the Secretary of the Army and the Army Staff at Headquarters, Department of the Army (HQDA).headquarters_us_army_ssi

While technically neither an award nor a decoration, the badge is a distinguishing emblem of service (although each person must prepare a recommendation for award of the badge and it is reflected in one’s official file).

Each staff member is issued the ASIB temporarily, once a member has demonstrated outstanding performance of duty and meeting all eligibility requirements the badge can be awarded permanent after one complete year (365 days cumulative) and receive a certificate authorizing permanent wear of the badge.

As background, General Douglas MacArthur proposed an Army General Staff Badge in 1931, but it was not until 1933 that the United States War Department authorized it. The badge has remained unchanged in appearance since it was first created, however, the name was changed in 1982 from the Army General Staff Identification Badge to the Army Staff Identification Badge..

cstc-afghanistan-patchOn the United States Army uniform, the Army Staff Identification Badge is worn centered on the right breast pocket. However, since the uniform regulations have changed to allow the wear of a “combat patch” on the Class A uniform the ALARACT 203/2010 wear guidance also says the ASIB is worn on the left breast pocket when worn in conjunction with a CSIB (Combat Service Identification Badge) more commonly known as a combat patch.

For example, one of my personal patches from 2008 and 2009 is the Combined Security Transition Command-Afghanistan (CSTC-A) is shown. CSTC-A located in Kabul Afghanistan was formed out of the Office of Security Cooperation-Afghanistan and is in partnership with the Government of the Islamic Republic of Afghanistan (GIRoA) and the North Atlantic Treaty Organization (NATO).