Order Code RS22190
Updated August 28, 2008
Department of Defense Food Procurement:
Background and Status
Valerie Bailey Grasso
Specialist in Defense Acquisition Policy
Foreign Affairs, Defense, and Trade Division
Summary
Military food items, also known as subsistence items, are generally procured under
the auspices of the Defense Logistics Agency (DLA), an agency of the Department of
Defense (DOD) which provides worldwide logistics support for the U.S. military
services. Under DLA, the Defense Supply Center Philadelphia (DSCP) is the inventory
control point for food, clothing, textiles, medicines, medical equipment, general and
industrial supplies and services for the military, their eligible dependents, and other non-
DOD customers worldwide. Under DSCP, the Subsistence Directorate serves as the
operational manager for all food operations. These items are procured in accordance
with the provisions of the Berry Amendment and the Buy American Act (BAA). The
Berry Amendment requires DOD to give preference to the procurement of domestically
produced, manufactured, or home grown products, notably food, clothing, fabrics, and
specialty metals. In a major new development, DOD has submitted a legislative proposal
in the Fiscal Year (FY) 2009 National Defense Authorization bill that would amend the
Berry Amendment to permit the purchase of fresh fruits and vegetables from all sources.
This report will describe the origin, authority, and policy in military food procurement.
This report will be updated as necessary.
Background
Prior to World War II, each United States (U.S.) military service organization
procured and distributed its own food. Right after World War II, Congress mandated that
a commission (ultimately called the Hoover Commission) study the logistical
management of military food and supplies, and recommended a more centralized
management of perishable foods, preferably in one organization. This effort resulted in
the establishment of a joint Army-Navy-Air Force Support Center; for the first time, all
military services bought, stored, and issued military items using a common system. In
addition to food items, DOD and the military services defined other materiel that would
be managed by this system as “consumables,” or “commodities,” meaning supplies that
are not repairable or are consumed in normal use.

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In the mid-1950s, the structure for the procurement of food and consumable items
changed. Each military service acted as a single manager for various categories of
consumables issued by all four services; each single manager would buy items, store and
issue supplies, manage inventories, and forecast future requirements. For example, the
U.S. Army bought and managed all military food and clothing; the Navy managed all
medical supplies, petroleum, and industrial parts; and the Air Force managed all
electronic items. The single manager system reduced costs by centralizing wholesale
stocks, simplifying the supply chain, and persuading each military service to adopt the
same standard items. However, the single manager concept was only partially successful
because it did not provide uniform procedures among the services.
In 1961, then Secretary of Defense Robert McNamara ordered that the single-
manager agencies be consolidated into one agency, resulting in the establishment of the
Defense Supply Agency,1 the forerunner to DLA. In 1986, the Goldwater-Nichols Act
identified DLA as a combat support agency.2 Today DLA provides worldwide logistics
support to the military services, civilian agencies, and foreign countries.3
Under DLA, DSCP is responsible for nearly all of the food, clothing, and medical
supplies used by the military. DSCP is comprised of the following business areas: (1)
Clothing & Textiles; (2) Construction & Equipment; (3) Weapon Systems Detachments;
(4) Medical; (5) Subsistence; and (6) Customer Operations. Under Subsistence, DSCP
1 The Defense Supply Agency (DSA) was established on October 1, 1961, and began operations
on January 1, 1962. Eight single manager agencies became DSA supply centers. In 1965, DOD
consolidated most of the contract administration activities of the military services to avoid
duplication of effort and provide uniform procedures in administering contracts. Officials
established the Defense Contract Administration Service (DCAS) within DSA to manage the
consolidated functions. The agency’s new contract administration mission gave it responsibility
for the performance of most defense contractors. The agency’s responsibilities extended overseas
when it assumed responsibility for defense overseas property disposal operations and worldwide
procurement, management, and distribution of coal and bulk petroleum products (1972), and
worldwide management of food items for troop feeding and in support of commissaries (1973).
In recognition of 16 years of growth and expanded responsibilities, on January 1, 1977, officials
changed the name of the Defense Supply Agency to the Defense Logistics Agency (DLA). See
the History of the Defense Logistics Agency, at [http://www.dla.mil/history/storyboard.htm].
2 [http://www.dla.mil]. DLA operates three supply centers to meet the needs of military and
civilian customers: the Defense Supply Center Richmond (DSCR) in Virginia, which is the lead
center for aviation weapon systems and the primary source for approximately 930,000 repair
parts and operating systems; and the Defense Supply Center Columbus (DSCC) in Ohio, which
supplies weapon system and electronic spare parts; and DSCP in Pennsylvania, which supplies
subsistence items including food and clothing. As of FY2005, according to their website, DLA
employs 21,429 civilians, 528 active duty military, and 615 reservists; awards approximately
8,200 contracts daily with an inventory valued at $83.2 billion. In FY2003, DLA managed,
through three supply centers, an inventory of more than 4.6 million items and provided about $24
billion in military and other supplies.
3 DSCP operates a 24 hour a day, 7 day a week, Command and Control Center. DSCP employs
approximately 2,500 employees worldwide. In addition to the Philadelphia location, DSCP-
Europe maintains 13 offices in 6 countries, including Europe, Africa, and the Middle East, and
DSCP-Pacific Region has 12 offices, including Alaska, Japan, Okinawa, Korea, Guam and
Hawaii. DSCP also supports U.S. humanitarian and disaster relief efforts.

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has developed a new approach to industrial base preparedness, through the development
of an “Industrial Base Preparedness Toolbox.”4 DSCP operates as a Defense Working
Capital Fund activity; all operating costs must be charged back to the individual customer
on a break-even basis.5
Procurement Authority and Policy
Military food items are procured in accordance with the provisions of the Berry
Amendment and the Buy American Act (BAA).6 The Berry Amendment [Title 10, United
States Code (U.S.C.), Section 2533a] requires DOD to give preference to the procurement
of domestically produced, manufactured, or home grown products, notably food, clothing,
fabrics, and specialty metals.7 The Berry Amendment is referenced in the Defense Federal
Acquisition Regulation Supplement (DFARS), Part 225.7002, as described below.
Unless a specific exception in law applies, the products, components, or materials
listed below must be grown, reprocessed, reused, or produced in the United States if
they are purchased with funds made available (not necessarily appropriated) to DoD.
Except for manufactured or processed food, and chemical warfare protection clothing
as explained in DFARS 225.7002-2 “Exceptions”, this applies to prime contractors
and subcontractors at any tier.8
Current Status of the Military Food Acquisition Process
The various stages of the military food acquisition process are described below:
! From the DSCP customer’s perspective, the acquisition process begins
with the generation of a product need or requirement. The DSCP
customer receives an introductory presentation about the Prime Vendor
4 [http://www.dscp.dla.mil/subs/rations/ibp/ibpbrief_files/frame.htm]
5 10 U.S.C. § 2208.
6 The Buy American Act (41 U.S.C. 10a through 10d, as amended) is the principal domestic
preference statute governing most procurement by the federal government. It restricts foreign
access to U.S. government procurement by giving preference to domestically produced,
manufactured, or home grown products. For further discussion of the Buy American Act, refer
to CRS Report 97-765, The Buy American Act: Requiring Government Procurement to Come
from Domestic Sources
, by John Luckey.
7 The Berry Amendment can found be found in the United States Code, Title 10, Section 2533a
For further discussion of the Berry Amendment, refer to CRS Report RL31236, The Berry
Amendment: Requiring Defense Procurement to Come from Domestic Sources
, by Valerie Bailey
Grasso. DOD has adopted a final rule which adds new exceptions to the Berry Amendment when
needed to support contingency operations or when the use of other than competitive procedures
is based on unusual and compelling urgency. U.S. Department of Defense, DFARS, Berry
Amendment Changes
, DFARS Case 2003-D099, 69 Federal Register 180, September 17, 2004.
8 Restrictions on DoD Purchases from Non-U.S. Sources Imposed by 10 U.S.C. 2533a.
[http://www.acq.osd.mil/dpap/cpic/ic/restrictions_on_dod_purchases_from_non-
us_sources_imposed_by_10_usc_2533a.html].

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Program9 and identifies their organization’s ongoing, new, or anticipated
requirements.10 DSCP gathers the data and develops a formal solicitation
package to meet the requirement.
! At the same time, a DSCP specialist prepares a formal solicitation which
incorporates federal laws, regulations, and guidelines for the acquisition
of subsistence items. The solicitation is prepared based on what
represents the best value to the federal government, and is amended and
modified as more information is received. A broad range of potential
vendors are invited to participate in an industry forum to learn more
about requirements and resolve or clarify questions about the solicitation.
! The solicitation is announced and remains open for bids for
approximately 50 days; meanwhile a pre-proposal conference is also
held. Prospective vendors may contact the DSCP specialist to raise
questions, offer suggestions, and to discuss and review all elements of the
solicitation; further charges to the solicitation may occur, based on the
feedback received from potential vendors. Based on the pre-proposal
conference findings, any additional amendments to the solicitation must
be issued to all prospective vendors on the mailing list.
! The evaluation phase begins; each technical proposal is received from
prospective vendors and individually evaluated to identify its strengths
and weaknesses. The evaluation is conducted by a team of subject matter
experts. Each technical proposal must demonstrate that the prospective
vendor can meet the requirements as set forth in the solicitation, in
accordance with “Best Value” selection criteria.11
! At the conclusion of the evaluation phase, the contract award decision is
made and a contract awardee is announced. The contract becomes
effective usually between 30 to 60 days after the award announcement.
The DOD regional manager arranges a post-award conference at the
selected vendor’s facility, typically within two weeks after the
announcement. During the post-award conference, which is jointly
9 The Subsistence Prime Vendor Program is a new electronic order and receipt system used for
managing the food distribution system.
10 DSCP’s customers include, but are not limited to, the following groups: the military services,
Defense Commissary Agency, Military Exchanges and Morale, Welfare and Recreation
Facilities, Job Corps Centers, Veterans Administration Hospitals, Federal prisons, as well as
schools and Indian reservations.
11 Each subject matter expert independently reviews the technical proposal and, in accordance
with solicitation guidelines “best value” selection criteria. Such criteria may include the
following factors: the distribution and delivery system, location, record of past performance,
corporate experience, electronic data interchange capability, socioeconomic considerations, and
others; the subject matter experts may make site visits to the prospective vendors warehouse or
operations site. The evaluation phase may take longer than 50 days. See Federal Acquisition
Regulation - Part 15, Contracting by Negotiation, for a discussion of the term “best value” as a
type of contract acquisition strategy.

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conducted by the DSCP specialist and the vendor, all issues involving the
structure and execution of the contract are discussed.
! At the conclusion of the post-award conference, the installation, vendor,
and DSCP specialist will develop a catalogue of the vendor’s product
line. This step ensures that all of the items required by the customer are
properly coded and contained in the catalogue.
The DSCP Subsistence Directorate
The Subsistence Directorate is divided into the following business units: Food
Services, Operational Rations, Produce, Food Safety Office, Supplier Support, and the
Common Food Management System (CFMS).12 A description of the work of each
business unit follows.
Under Food Services (Subsistence), the Prime Vendor Program has replaced the
former depot stock distribution system with an electronic order and receipt system.
Through the use of electronic data interchange (EDI) orders are transmitted and received
at the vendor’s plants within minutes, allowing for reduced local inventory levels. EDI
enhances the accuracy and timeliness of orders as well as the quality of the products; as
a result, both the inventory and associated overhead costs are reduced, and the goal for the
maximum turnaround time (from order to delivery) is 48 hours.
The Operational Rations Unit provides the managerial and logistical support for
supplying meals for the military, including individual rations, group rations, survival
rations, ultra high temperature milk, emergency and sterile drinking water, humanitarian
daily rations, and field feeding equipment. While the “Meal, Ready-to-Eat (MRE)”13 is
the core individual combat ration for the military, the military services also consider the
special dietary needs of the soldiers (including vegetarian and kosher needs).
The Produce Unit provides fresh fruits and vegetables to the military services, the
Defense Commissary Agency, Military Exchanges, Morale, Welfare and Recreation
facilities, Job Corps Centers, Veterans Administration hospitals, federal prisons, as well
as DOD schools and Indian reservations. Under the Produce Unit, the DOD Fresh
Program is a partnership between the U.S. Department of Agriculture’s Food and
Nutrition Service, and the DSCP Produce Division, whereby DSCP buys and distributes
fresh fruits and vegetables to schools using the USDA’s federal commodity entitlement
dollars. The Farm Security and Rural Investment Act of 2002 contained statutory
12 [http://www.dscp.dla.mil/subs].
13 [http://www.natick.army.mil/soldier/media/fact/food/mre.htm]. One MRE provides an average
of 1,250 calories composed of 13% protein, 36% fat, and 51% carbohydrates. DSCP does not
sell rations to individuals; DOD regulations and DSCP policy permit the sale of rations to certain
U.S. military and federal government organizations. The prices for the various Operational
Rations can be found at [http://www.dscp.dla.mil/subs/rations/prices.pdf].

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language that sets aside $50 million annually for DSCP to continue to support school
lunches. DSCP’s Produce Unit distributes over 300 different produce items to schools.14
The Product Services Office is responsible for food safety and quality assurance
policies for the services, DOD agencies, and components, in partnership with the U.S.
Army’s Research Development and Engineering Command, a division of the U.S. Army
Soldier Systems Center; the U.S. Army Veterinary Command, the Food and Drug
Administration, and the USDA.15
The Supplier Support Office provides a wide variety of administrative and logistical
support. The Office is divided into two areas: (1) Resource, Marketing, and
Administration, and (2) Logistical Operations and Analysis.16
The DOD Food Policy Council directed DLA to establish a common food
management system (CFMS), modernize outdated technology, and develop more state-of-
the-art business practices. As described on the website, CFMS is a new food management
system developed from a commercial off the shelf (COTS) software product that will
replace current food management systems. CFMS provides a capability for wholesale to
retail distribution for subsistence (food) supplies, linking warfighter demand to sources
of supply.17
14 For background and funding on the National School Lunch Program, see
[http://www.dscp.dla.mil/subs/produce/index.htm] and CRS Report RL31577, Child Nutrition
and WIC Programs: Background and Funding
, by Joe Richardson.
15 [http://www.globalsecurity.org/military/agency/army/sbccom.htm].
16 [http://www.dscp.dla.mil/subs/support/].
17 [http://www.dscp.dla.mil/subs/cfms/index.asp].