Military Uniform Procurement: Questions and
Answers
Valerie Bailey Grasso
Specialist in Defense Acquisition
December 10, 2009
Congressional Research Service
7-5700
www.crs.gov
RS20550
CRS Report for Congress
P
repared for Members and Committees of Congress
Military Uniform Procurement: Questions and Answers
Summary
Military uniforms are procured through the Defense Logistics Agency (DLA), an agency of the
Department of Defense (DOD). DLA is DOD’s largest combat support agency, providing
worldwide logistics support for the United States (U.S.) military services, civilian agencies, and
foreign countries. With headquarters in Fort Belvoir, Virginia, DLA operates three supply centers,
one of which is the Defense Supply Center Philadelphia (DSCP), in Philadelphia, PA. DSCP is
responsible for procuring nearly all of the food, clothing, and medical supplies used by the
military; about 90% of the construction materiel used by troops in the field, as well as repair parts
for aircraft, combat vehicles, and other weapons system platforms. DSCP’s Clothing and Textile
(C&T) Directorate supplies more than 8,000 different items ranging from uniforms to footwear
and equipment. According to DSCP’s website, DSCP had over $14.5 billion in sales during 2009.
Congressional Research Service
Military Uniform Procurement: Questions and Answers
Contents
How are Military Uniforms Procured?......................................................................................... 1
Under What Controlling Legal Authority Are Military Uniforms Procured?................................. 1
How Do Vendors Sell Military Uniforms to the Government? ..................................................... 2
Are There New Initiatives Affecting the Procurement of Military Uniforms? ............................... 2
Contacts
Author Contact Information ........................................................................................................ 3
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Military Uniform Procurement: Questions and Answers
SCP’s Clothing and Textile Directorate (C&T) supplies more than 8,000 different items
ranging from uniforms and body armor to tents and canteens. Many C&T products, such
D as battle-dress uniforms (BDUs), are unique to the military and the Directorate teams
with military service customers and private vendors to design and test them. C&T also identifies,
tests, and approves commercial items for military use, such as sweatshirts, gloves, and blankets,
and supplies special purpose clothing, wet weather clothing, chemical suits, and field packs.1
How are Military Uniforms Procured?
Military uniforms are procured through competitive contracts. C&T maintains access to a variety
of supplies and uniform-related products. Other more specialized products such as body armor,
BDUs, and footwear are usually procured directly from contractors. C&T specialists may also
procure textiles and materials directly from the textile industry, and then provide them to
contractors. The materials may be used to manufacture additional uniforms and related products,
often achieving higher quality and substantial savings over purchased, finished generic products.
Under What Controlling Legal Authority Are
Military Uniforms Procured?
Military uniforms are procured in accordance with the provisions of the Berry Amendment and
the Buy American Act (BAA).2 The Berry Amendment, which dates from the eve of World War
II, was established for a narrowly defined purpose: to ensure that United States (U.S.) troops wore
military uniforms wholly produced in the United States and to ensure that U.S. troops were fed
food products wholly produced in the United States. There are exceptions to the Berry
Amendment that waive the domestic source restrictions; one such exception allows DOD to
purchase specialty metals and chemical warfare protective clothing from countries where the
United States has entered into reciprocal procurement memoranda of understanding (MOUs).3
The Berry Amendment is now in statute as part of the United States Code, Title 10, Section
2533a. DOD has adopted a final rule to implement Sections 826 and 827 of the FY2004 National
Defense Authorization Act. The final rule adds new exceptions to the acquisition of food,
speciality metals, and hand or measuring tools when needed to support contingency operations or
when the use of other than competitive procedures is based on unusual and compelling urgency.4
The DOD Federal Acquisition Regulation Supplement (DFARS) 225.7002 has been revised to
1 http://www.dscp.dla.mil/clothingandtextiles/
2 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 Procurements to Come
from Domestic Sources, by John R. Luckey.
3 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.
4 U.S. Department of Defense. DFARS; Berry Amendment Changes. DFARS Case 2003-D099. Published in the
Federal Register, Volume 69, No. 180, September 17, 2004.
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Military Uniform Procurement: Questions and Answers
include a more nuanced and detailed description of items, components, and materials covered
under the provisions of the Berry Amendment.5
The Deputy Secretary of Defense memorandum of May 1, 2001, provides that the Under
Secretary of Defense for Acquisition, Technology, and Logistics and the secretaries of the military
services have the authority to determine that certain items under the Berry Amendment are not
available domestically in quantities or qualities that meet military requirements. Such decisions
are called domestic nonavailability determinations (DNADS). This authority may not be re-
delegated. Use of DNADs require an analysis of the alternatives and certification of the process.
How Do Vendors Sell Military Uniforms to the
Government?
C&T has established a 24-hour, 7 day a week Customer Contact Center as the point for all
customer inquiries at 1-877-DLA-CALL (1-877-352-2255), or at the customer website
http://ct.dscp.dla.mil/Index.html. Prospective bidders should obtain specifications prior to
submitting an offer. According to the DFARS Parts 204, 212, and 252, contractors must be
registered in the Central Contractor Registration (CCR) prior to being awarded either a contract,
basic ordering agreement, or blanket purchase agreement, unless the award results from a
solicitation issued on or before June 1, 1998.6
Vendors and customers may review current solicitations in FedBizOpps, the originating source
for all federal government procurement opportunities above $25,000. Customers may reach the
FedBizOpps Help Desk at 1-877-472-3779, or access the website at http://www.fedbizopps.gov.
Also, DLA has established a new automated system to provide contractors with the ability to
conduct detailed searches for solicitations and contract awards, at http://progate.daps.dla.mil.
Are There New Initiatives Affecting the
Procurement of Military Uniforms?
The complexity and demand for military uniforms, body armor, and other military equipment
brought on by the mobilization of troops has contributed to certain legislative initiatives. At the
same time, some in Congress are concerned over whether DOD should continue to restrict the
import of foreign fibers for use in military uniforms.
5 According to the DOD policy on Program Acquisition and International Contracting (PAIC), “Unless a specific
exception in law applies, the products, components, or materials listed below must be grown, reprocessed, reused, or
produced wholly in the United States if they are purchased with funds made available (not necessarily appropriated) to
DOD. These rules apply to both prime contractors and subcontractors. The items listed are food, clothing, tents,
tarpaulins, covers, natural fibers or yarns, natural fiber products, natural fabrics, synthetic fabrics, fabric blends,
individual equipment (covered in Federal Supply Class 8465) made from or containing fibers, yarns, fabrics, or
materials (including all fibers, yarns, fabrics, or materials therein), specialty metals (as defined in DFARS
252.225.7014), stainless steel flatware, hand tools, and measuring tools. Office of the Under Secretary of Defense for
Acquisition Technology and Logistics, Defense Procurement and Acquisition Policy, revised January 13, 2005.
http://www.acq.osd.mil/dpap/paic/berryamendment.htm.
6 See http://farsite.hill.af.mil.
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Military Uniform Procurement: Questions and Answers
P.L. 110-181 (S. 1548, the FY2008 Defense Authorization Act, Section 829) grants the Secretary
of Defense the authority to procure fire-resistant rayon fiber for the production of military
uniforms, under certain conditions. This provision was approved for a five-year period and the
waiver (or sunset clause) will end in 2013. On July 23, 2009, the Senate voted down S.Amdt.
1525 to S. 1390, the proposed FY2010 Defense Authorization Act, which would have made this
Berry Amendment waiver permanent.7
P.L. 109-163 (H.R. 1815, the FY2006 Defense Authorization Act) amends the domestic source
requirements relating to clothing materials and components in the Berry Amendment. Section 833
requires the Secretary of Defense to notify the public of any contracts awarded which grant
exceptions to the Berry Amendment related to clothing materials or components. Specially, the
exceptions are for “materials and components thereof, other than sensors, electronics, or other
items added to, and not normally associated with, clothing (and the materials and components
thereof)’’.8 The notification is to be posted, within 7 days, on the federal website maintained by
the General Services Administration (currently http://www.FedBizOpps.gov).
H.R. 4200, the DOD FY2005 Authorization Act (P.L. 108-375) amends Section 806 of the DOD
FY2003 Defense Authorization Act (10 U.S.C. 2302 note) by broadening the authority of the
Secretary of Defense to develop rapid acquisition procedures to deploy needed equipment for
combat emergencies, and to waive any provision, law, policy, directive, or regulation that would
unnecessarily impede the acquisition process. The bill grants the Secretary of Defense up to $100
million in acquisition authority, in any fiscal year, to use any available DOD funds. Any future
acquisition initiated under this provision would transfer to the normal acquisition planning cycle
within two years.
Author Contact Information
Valerie Bailey Grasso
Specialist in Defense Acquisition
vgrasso@crs.loc.gov, 7-7617
7 Rutherford, Emelie. Uniform Fabric Fracas Signals “Buy America” Concerns in Washington. Defense Daily, Vol.
243, No. 44, September 1, 2009.
8 P.L. 109-163, Section 833.
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