Are Domestic Non-Availability Determinations (DNADs) to the Berry Amendment commonly granted?
DNADs under the Berry Amendment are made only if the USD(AT&L) or a Secretary of a Military Department 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. An analysis of alternatives must be completed as part of this review, and a determination must be made that none of the possible alternatives can meet the DoD requirements. Government Contracting Officer’s Concerns: • Food Products: • You must purchase foods that are either manufactured or processed in the United States. Qualifying countries are not eligible to supply food products, unless the food will eventually be processed in the U.S. The US manufacturer/processor you contract with can purchase the food, or components of the food, used in the manufacturing process from any country, regardless of where the food (or components of the food) were grown or produced. However, the same r
