Military Uniform Procurement: Questions and
Answers
Valerie Bailey Grasso
Specialist in Defense Acquisition
October 7, 2010
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
including DLA Troop Support [formerly Defense Supply Center Philadelphia (DSCP)] in
Philadelphia, PA.
DLA Troop Support 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. Within
DLA Troop Support, the Clothing and Textile (C&T) Directorate supplies more than 8,000
different items ranging from uniforms to footwear and equipment. According to DLA Troop
Support’s website, sales of goods exceeded $14.5 billion 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
Congressional Research Service
Military Uniform Procurement: Questions and Answers
DLA Troop Support’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 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 Federal Acquisition
Regulation (FAR), DLA’s own internal regulations, the Berry Amendment and the Buy American
Act (BAA).2 The Berry Amendment (Title 10 U.S.C. 2533a), 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 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” or DNADS. This authority may
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.
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Military Uniform Procurement: Questions and Answers
not be re-delegated. Use of DNADs require an analysis of the alternatives and certification of the
process.4
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://www.dlis.dla.mil/cust.asp. Prospective bidders should obtain specifications prior to
submitting an offer. According to DFARS Parts 204, 212, and 252, contractors must first register
in the Central Contractor Registration (CCR) prior to contract awards, basic ordering agreements,
or blanket purchase agreements, unless the award results from a solicitation issued on or before
June 1, 1998.5
Vendors and customers may review current solicitations in FedBizOpps, the source for all federal
government procurement opportunities. The simplified acquisition threshold for pre-award and
post-award notices (FAR Part 5) remains at $25,000. Customers may reach the FedBizOpps Help
Desk at 1-877-472-3779, or access the website at https://www.fbo.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 https://www.dibbs.bsm.dla.mil/Register/.
Are There New Initiatives Affecting the
Procurement of Military Uniforms?
While this initiative may not affect the procurement of military uniforms, it should be noted that
the Fiscal Year 2010 National Defense Authorization Act (P.L. 111-84) contains a provision
(Section 853) which establishes as policy a standard ground combat and camouflage utility
uniform for the military services, while allowing for some individuality among the services.
Section 853 requires the Comptroller General to perform an assessment of the current military
uniforms in use, and provide a report to Congress within 180 days of enactment of the Act.
Within 270 days from the submission of the Comptroller General’s report, the military secretaries
are required to establish a policy for the development of a joint uniform requirement.6
4 For a discussion of frequently-asked questions about the application of the Berry Amendment, see Defense
Procurement and Acquisition Policy’s website, at http://www.acq.osd.mil/dpap/cpic/ic/berry_amendment_faq.html
5 See http://farsite.hill.af.mil.
6 H.R. 2647, the FY2010 National Defense Authorization act (P.L. 111-84) signed into law on October 28, 2009.
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Military Uniform Procurement: Questions and Answers
Author Contact Information
Valerie Bailey Grasso
Specialist in Defense Acquisition
vgrasso@crs.loc.gov, 7-7617
Congressional Research Service
3