I.  Background

This interim rule amends DFARS subpart 225.70 and the associated DFARS clauses at 252.212-7001 and 252.225-7012, in order to implement sections 368 and 821 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-81).

Section 368 requires award of contracts that provide the best value, when acquiring tents and other temporary structures, regardless of whether purchased by DoD or by another agency on behalf of DoD.

Section 821 amends 10 U.S.C. 2533a (the "Berry Amendment"), to extend the restriction requiring acquisition of domestic tents to include the structural components of tents, applicable to acquisitions that exceed the simplified acquisition threshold. There is also an exception for domestic nonavailability (see DFARS 225.7002-2).

The interim rule provides a definition of "structural component of a tent" and also provides examples of the type of temporary structures covered by this regulation.