SPECIAL NOTICE
99 -- PM SKOT Draft Interpretation and Implementing Guidance for the Berry Amendment (10 U.S.C. ?2533a) and Other Domestic Preference Programs
- Notice Date
- 10/16/2007
- Notice Type
- Special Notice
- Contracting Office
- TACOM - Rock Island, ATTN: AMSTA-AQ-AR, Rock Island Arsenal, Rock Island, IL 61299-7630
- ZIP Code
- 61299-7630
- Solicitation Number
- USA-SNOTE-071016-003
- Archive Date
- 1/14/2008
- E-Mail Address
-
Email your questions to TACOM - Rock Island
(brian.knutson1@us.army.mil)
- Description
- At Industry Day 27 August 2007, PM-SKOT announced we were seeking contractor input on various issues surrounding the interpretation and implementation of the Berry Amendment. We also announced several draft positions on the subject and stated our in tent was to provide guidance on how the Berry Amendment would be incorporated into our solicitations to ensure consistency and fairness to all offerors. Further discussion has led us to amend our position on some areas we discussed at Industry Day and to decide to adopt others in draft. Below is our draft position on implementing the Berry Amendment into our solicitations, if you wish to comment, please do so by 01-November-2007. The first issue is the meaning of the term produced in the United States with respect to hand tools. Our higher headquarters has sought and received input from the Department of Defense regarding the meaning of that clause. In accordance with input fr om our higher headquarters, and in a change from the position previously announced during Industry day, our new position is: Hand and measuring tools must have one hundred percent (100%) domestic content- to include all components of the tools. The following is draft guidance that PM-SKOT is seeking industry comments upon: For tool sets which have a Federal Supply Classification (FSC) of 51 or 52, but which contain items which are not hand and measuring tools, PM-SKOT will look to the nature of the individual item to determine if the prohibition on foreign purchase of hand or measuring tools applies. For instance, if a tool set has an FSC beginning with 51, but contains an item with an FSC beginning with 49, the prohibition on the purchase of foreign hand and measuring tools does not apply to the purchase of the item with a n FSC of 49. In simpler terms, the prohibition on the purchase of hand and measuring tools applies to hand and measuring tools, not other items. For tool sets which have an FSC other than 51 or 52, but which contain hand or measuring tools, the Berry Amendment still applies to those hand or measuring tools. PM-SKOT will not purchase foreign hand or measuring tools (i.e. FSC 51 or 52 items) regard less of the FSC of the set. In some sets, the hand and measuring tools included have no designated FSC. PM-SKOT will attempt to correct this. If there is any doubt as to whether an item is a hand or measuring tool, please contact the contracting officer , who will then issue a ruling that applies to all offerors. PM-SKOT will add the following language to all solicitations with tools subject to the Berry Amendment restrictions: The Berry Amendment (DFARS Clause 252.225-7015) forbids the purchase of non U.S. hand and measuring tools (FSC 51 and 52). Market research has indicated that there are certain tools, notably ____ and ___________, in the _(name of the set)_____________ tha t are not manufactured in the U.S. The Berry Amendment does allow for exceptions if the items are being purchased for use in support of contingency operations; or to meet an urgent and compelling need, or the cost is below the simplified acquisition thres hold. The contractor shall be required to obey the restrictions of the Berry Amendment and supply only domestic tools unless a specific exception has been invoked by the Procuring Contracting Officer (PCO). Again, only the PCO may invoke an exception to the limitation on the purchase of hand and measuring tools. When market research has shown these items to be domestically unavailable and the contracting officer has already determined that they will be used in support of contingency operations; or to mee t an urgent and compelling need, or the cost is below the simplified acquisition threshold, then offerors may purchase them from non-U.S. sources, subject to the Buy American Act (DFARS part 225.1) and any other applicable limitations, including prohibitio ns on purchases from certain foreign countries For this procurement, the contracting officer has determined that ________ and _________ are domestically unavailable, and that they are to be used in support of a contingency operation. The contracting officer hereby invokes the contingency operations exception for these tools. If an offeror is not able to obtain any other particular tool from a domestic source, the contractor is required to so inform the contracting officer and clearly identify that item in the offer, price the item and indicate the country of origin. The contr acting officer may then open for discussions. If discussions reveal that no offeror can obtain the tools from a domestic source, then the contracting officer may then decide to apply an exception to that tool. If there is only one domestic source of that tool, the contracting officer may either remove that tool from the list of items to be provided by the offerors and purchase it separately as GFM, or invoke an exception, or choose to take no action. Points of Contact: Roxanne Spurgetis at roxanne.spurgetis@us.army.mil Brian Knutson at brian.knutson1@us.army.mil
- Record
- SN01435064-W 20071018/071016223653 (fbodaily.com)
- Source
-
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