Nonavailability Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025)

Summary:

DCN 20110819 adopts as final, with minor changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to part of the National Defense Authorization Act for Fiscal Year 2011, which provides a domestic nonavailability exception to the requirement known as the Berry Amendment to acquire only domestic hand or measuring tools.

Supplementary Information:

I. Background

DoD published an interim rule in the Federal Register (76 FR 14588) on March 17, 2011, to implement section 847 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section 847 provides a domestic nonavailability exception to the requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only domestic hand or measuring tools. The domestic nonavailability exception was previously limited to the items covered in 10 U.S.C. 2533(b)(1) (food, clothing, fabrics, and fibers).

The public comment period closed on May 16, 2011. One respondent submitted comments on the interim rule.

II. Discussion and Analysis of the Public Comment

A summary of the comment and the response is here.

Dates:

The Effective Date for this final rule is 19 August 2011.

Click here to read the entire Federal Register notice for this rule.