Does the Berry Amendment allow for any exceptions?
Yes, 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, are summarized below. • The Berry Amendment does not apply if the Government prime contract is below the Simplified Acquisition Threshold (SAT). If the prime contract is over the SAT, the prime contractor must comply with the restrictions of the Berry Amendment. • A waiver (Domestic Non-Availability Determination (DNAD)) to the Berry Amendment may 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 (does not apply to acquisitions of hand or measuring tools). • Documentation r
