225.7002-1 Restrictions.

The following restrictions implement 10 U.S.C. 2533a (the "Berry Amendment"). Except as provided in subsection 225.7002-2, do not acquire--

(a)  Any of the following items, either as end products or components, unless the items have been grown, reprocessed, reused, or produced in the United States:

(1)  Food.

(2)  Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia. For additional guidance and examples, see PGI 225.7002-1(a)(2).

(3)  Tents and the structural components of tents, tarpaulins, or covers. In addition, in accordance with section 368 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-81)--

(i)  When acquiring tents or other temporary structures for use by the Armed Forces, the contracting officer shall award contracts that provide the best value (see FAR 15.101). Temporary structures covered by this paragraph 225.7002-1(a)(3)(i) are nonpermanent buildings, including tactical shelters, nonpermanent modular or pre-fabricated buildings, or portable or relocatable buildings, such as trailers or equipment configured for occupancy (see also DFARS 246.270-2)). Determination of best value includes consideration of the total life-cycle costs of such tents or structures, including the costs associated with any equipment, fuel, or electricity needed to heat, cool, or light such tents or structures (see FAR 7.105(a)(3)(i) and PGI 207.105(a)(3)(i)).

(i)  These requirements apply to any agency or department that acquires tents or other temporary structures on behalf of DoD (see FAR 17.503(d)(2))

(4)  Cotton and other natural fiber products.

(5)  Woven silk or woven silk blends.

(6)  Spun silk yarn for cartridge cloth.

(7)  Synthetic fabric or coated synthetic fabric, including all textile fibers and yarns that are for use in such fabrics.

(8)  Canvas products.

(9)  Wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles).

(10)  Any item of individual equipment (Federal Supply Class 8465) manufactured from or containing any of the fibers, yarns, fabrics, or materials listed in this paragraph (a).

(b)  Hand or measuring tools, unless the tools were produced in the United States. For additional guidance, see PGI 225.7002-1(b).