Military Uniform Procurement: Questions and
Answers

Valerie Bailey Grasso
Specialist in Defense Acquisition
November 23, 2010
Congressional Research Service
7-5700
www.crs.gov
RS20550
CRS Report for Congress
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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.
Legislative initiatives which may affect the procurement of military uniforms include S. Amdt
4640 to S. 3454, the proposed FY2011 National Defense Authorization Act, which would require
the Secretary of Defense to submit a report to the House and Senate Armed Services Committees,
not later than February 28, 2011, that presents an analysis of alternatives for the procurement of
fire-resistant and fire-retardant fibers and materials for the production of military products (like
uniforms). Congress has determined that vehicle and aircraft fires remain a significant force
protection and safety threat, whether they occur during ongoing combat operations or while
training for future deployment. Given the high probability that these types of injuries will
continue to occur, this amendment seeks to determine if there are advanced fiber products that
may provide greater protection against burn injuries to members of the Armed Forces. It should
be noted that the Secretary of Defense’ Report to Congress is due prior to the issuance of a similar
report from the Comptroller General’s (CG) report.
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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

LA 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
D 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?

Legislative initiatives which may affect the procurement of military uniforms include S. Amdt
4640 of S. 3454, the proposed FY2011 National Defense Authorization Act, which would require
the Secretary of Defense to submit a report to the House and Senate Armed Services Committees,
not later than February 28, 2011, that presents an analysis of alternatives for the procurement of
fire-resistant and fire-retardant fibers and materials for the production of military products.
Congress has determined that vehicle and aircraft fires remain a significant force protection and
safety threat, whether they occur during ongoing combat operations or while training for future
deployment. Given the high probability that these types of injuries will continue to occur, this
amendment seeks to determine if there are advanced fiber products that may provide greater
protection against burn injuries to members of the Armed Forces.
The report shall include the following: (1) An identification of the fire-resistance or fire-retardant
properties or capabilities of fibers and materials (whether domestic or foreign) currently used for
the production of military products that require such properties or capabilities (including include
uniforms, protective equipment, firefighting equipment, lifesaving equipment, and life support
equipment), and an assessment of the sufficiency, adequacy, availability, and cost of such fibers
and materials for that purpose, and (2) An identification of the fire-resistance or fire-retardant

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.
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Military Uniform Procurement: Questions and Answers

properties or capabilities of fibers and materials (whether domestic or foreign) otherwise
available in the United States that are suitable for use in the production of military products that
require such properties or capabilities, and an assessment of the sufficiency, adequacy,
availability, and cost of such fibers and materials for that purpose.
It should be noted that the Secretary of Defense’ Report to Congress is due prior to the issuance
of a similar report from the Comptroller General’s (CG) report.6
Additionally, 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.7

Author Contact Information

Valerie Bailey Grasso

Specialist in Defense Acquisition
vgrasso@crs.loc.gov, 7-7617



6 S. 3454, Section 956. Report on Supply of Fire Resistant Fiber for Production of Military Uniforms. a) Report
Required- Not later than March 15, 2011, the Comptroller General of the United States shall submit to the Committees
on Armed Services of the Senate and the House of Representatives a report on the supply chain for fire resistant fiber
for the production of military uniforms. The report would include the following: (1) The current and anticipated sources
of fire resistant rayon fiber for the production of military uniforms. (2) The extent to which fire resistant rayon fiber has
unique properties that provide advantages for the production of military uniforms. (3) The extent to which the efficient
procurement of fire resistant rayon fiber for the production of military uniforms is impeded by existing statutory or
regulatory requirements. (4) The actions the Department of Defense has taken to identify alternatives to fire resistant
rayon fiber for the production of military uniforms. (5) The extent to which such alternatives provide an adequate
substitute for fire resistant rayon fiber for the production of military uniforms. (6) The impediments to the use of such
alternatives, and the actions the Department has taken to overcome such impediments. (7) The extent to which it would
be practical and appropriate for the Department to use performance-based requirements for fire resistant fiber, rather
than requiring the use of fire resistant rayon fiber, for the production of military uniforms. (8) The extent to which any
modifications to section 2533a of title 10, United States Code (commonly referred to as the `Berry amendment'), or
section 829 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 229; 10
U.S.C. 2533a note) may be necessary or advisable to ensure the efficient acquisition of fire resistant fiber for the
production of military uniforms. (9) The extent to which uncertainty regarding the future availability of fire resistant
rayon results in instability or inefficiency for elements of the United States textile industry that utilize fire resistant
rayon, and the extent to which that instability or inefficiency results in less efficient business practices, impedes
investment and innovation, and thereby results or may result in higher costs, delayed delivery, or a lower quality of
product delivered to the Government. (c) Recommendations- The report required by subsection (a) shall include such
recommendations for further actions to address the matters covered by the report as the Comptroller General considers
appropriate.
7 H.R. 2647, the FY2010 National Defense Authorization act (P.L. 111-84) signed into law on October 28, 2009.
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