The Blogiston Post

Politics, money, and war.

Thursday, June 17


statements regarding berry amendment

The following are statements made in regards to the Berry Amendment during the bidding process of the ANHAM/Nour USA contract. We've included links to the documents.

EXECUTIVE SUMMARY FOR FINAL REQUEST FOR PROPOSAL (PDF)
EXECUTIVE SUMMARY FOR FINAL REQUEST FOR PROPOSAL
dated 5 April 2004
Iraqi Armed Forces and Associated Security Forces Battalion Sets
Indefinite Delivery/Indefinite Quantity Contract

This Executive Summary is provided as a synopsis of important and relevant features of this final solicitation. If conflict exists between this summary and the provisions of the solicitation, the provisions of the solicitation govern. Please retrieve all documents from the TACOM website. All other websites do not contain a complete set of documents for your review. Significant changes from the draft solicitation are as follows:

b. In accordance with Public Law 108-136, The Berry Amendment was amended such that the following items are required to be of US origin: clothing; tents, tarpaulins, or covers; cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coded synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form or fiber or yarn or contained in fabrics, materials, or manufactured articles) or any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials. DFARS 225.7002-2 has additional exceptions. Please review this statute and its regulatory implementations carefully to assure compliance.
PRE-PROPOSAL CONFERENCE – QUESTIONS AND ANSWERS CONTINUED (PDF)
dated 20 APRIL 2004

134. Question. The Berry Amendment, we are trying to determine if the tents, ponchos, etc. can be manufactured outside of the USA using USA made material. Can you help us with this interpretation?

Answer: The tents, ponchos, and other articles such as poncho liner, load bearing vests, body armor, etc., may contain fibers or fabrics that are restricted to U.S. sources by 10 USC 2533a (in the preamble to this series of questions on the Berry Amendment published previously, see those articles still restricted by statute). If the components of the end items in questions were grown, reprocessed, reused or produced in the United States, then the requirements of 10 USC 2533a with regard to those components will have been satisfied.
QUESTIONS AND ANSWERS AFTER PRE-PROPOSAL CONFERENCE (PDF)
dated 22 APRIL 2004 - PUBLIC

18. Question. Could you kindly respond if it acceptable for bidders to express an exception to the Berry Amendment for a deliverable in the proposal (to keep the delivery dates) or will this disqualify the bidder.

Answer: Offerors are responsible for compliance with all applicable statutory and regulatory restrictions and offerors are encouraged to take advantage of all available exemptions, exceptions and exclusions, but offerors must make an informed decision themselves and they do so at their own risk. The government can not be responsible for offerors' interpretations of the applicable regulations. However, we will continue to do our best to offer explanations and clarifications to insure that offerors fully and completely understand solicitation requirements.
Based on these statements, it would appear the Ukrainians are using American made "components" in the construction of the rucksacks.

But how can bpost confirm this is indeed the case?

0 Comments:

Post a Comment

<< Home