I am procurring an item under a Foreign Military Sale (FMS). Since the funds to be used for this purchase were not appropriated to the Department of Defense, does the Berry Amendment apply?
Yes. The Berry Amendment applies to all funds “made available” to the Defense Department. Also, appropriated funds are obligated for FMS procurements although expenditures are usually funds provided by the customer country. Therefore, FMS procurements must comply with the Berry Amendment restrictions.
Related Questions
- I am procurring an item under a Foreign Military Sale (FMS). Since the funds to be used for this purchase were not appropriated to the Department of Defense, does the Berry Amendment apply?
- What is the foreign currency conversion rate used if I pay in SGD to purchase foreign currency denominated funds?
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