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Office of Textiles and Apparel
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Berry Amendment DNADS

The Berry Amendment 

Domestic Non-Availability Determinations (DNADs)

The Defense Logistics Agency Clothing and Textile Troop Support maintains a list of current DNADs.

If an acquisition (procurement) involves items covered by the Berry Amendment, and the contractor cannot locate a domestic source, a DNAD, may be appropriate if the domestic item cannot be acquired as and when needed in satisfactory quality and sufficient quantity, at U.S. market prices. The prime contractor must request a DNAD through the contracting officer.

In accordance with DFARS 225.7002-2(b), the secretaries of the military departments, without power of redelegation, have authority to approve DNADs for their respective requirements. The Under Secretary of Defense for Acquisition, Technology & Logistics, USD(AT&L) serves as the approval authority for the other defense agencies. [Note: the Defense Logistics Agency has been delegated the authority from the Under Secretary for AT&L to approve agency DNADs].

Procedures, Guidance and Information (PGI) 225-7002-2(b) establishes the process for requesting a DNAD from the Under Secretary of Defense for Acquisition, Technology and Logistics.

A request for a DNAD shall include:

  • Documentation of your market research results;
  • Analysis of alternatives that would not require issuance of a domestic non-availability determination;
  • Written certification by the requiring activity, with specificity, why such alternatives are unacceptable; and
  • Corrective action plan for obtaining compliant items, including a schedule for attaining same.