Textiles and Apparel

Office of Textiles and Apparel (OTEXA)


The Berry Amendment

Penalties for Noncompliance with the Berry Amendment

It is a violation of the Berry Amendment if DoD pays for items that are non-compliant. It may also be a violation of the Anti-Deficiency Act (31 U.S.C. 1341) which provides for: 1) fines up to $5,000; 2) imprisonment up to 2 years; and 3) adverse personnel actions.

Nonresponsible contractors can also be debarred or suspended based upon a broad variety of misconduct, such as:
  • Criminal and civil violations of law
  • Poor performance of government contracts
  • Conduct unrelated to government contracts
  • Unethical conduct