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Showing results for tags 'Self Reporting Berry'.
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A contractor self reported what they believe is a Berry Amendment violation. One of their sub-contractors is providing a fabric carrying case that contains nondomestic fabric. The firm fixed priced supply contract for Optical Weapon Sights includes the following clauses: 52.225-1 Buy American Act--Supplies (JUN 2003). 252.225-7012 Preference for Certain Domestic Commodities (JUN 2010) After review of both clauses in the contract in relation to the end item delivered to the US Army, $15,000.00 optical sight, and the component fabric case, $17.00 (the price of the case is included in the end item price), I believe this is a de minims issue. In other words, the case contains incidental amounts of natural fibers with a value less than 10% the value of end item, thus not evoking a Berry Amendment violation. Similar application of Buy American restrictions would require a 50% threshold. After review of the issue described, I believe the contractor is acting in good faith in delivery of the subject case and that this is not a Berry Amendment violation. I welcome feedback.
