How does the Berry Amendment differ from the Buy-American Act?
The Buy American Act (BAA) ( 41 U.S.C 10a) and Berry Amendment (10 U.S.C. 2533a) are two separate laws implemented by two different regulations. They differ with regard to their scope, threshold, exceptions, and waiver authority. The Berry Amendment is applicable to purchases over the simplified acquisition threshold using funds appropriated or otherwise made available to DoD, and applies even if another agency, such as the GSA, is purchasing the item for DoD. Unless an exception under the Berry Amendment is found to apply, it requires that all covered items must be grown, reprocessed, reused, or produced in the United States, regardless of whether they are purchased as end items, components, or materials. With few exceptions, the BAA applies to all supply purchases of supplies or construction materials over the micropurchase threshold for use in the U.S. It also requires the use of domestic construction material. The BAA requires application of a differential factor to the evaluated c
