Textiles and Apparel

The Berry Amendment

Domestic Non-Availability Determinations (DNADS, or Waivers)

If an acquisition (procurement) involves items covered by the Berry Amendment, and the contractor cannot locate a domestic source, a Domestic Non-Availability Determination (a DNAD, or waiver), 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 nonavailability 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.