The Berry Amendment
If an acquisition (procurement) involves items covered by the Berry Amendment, and the contractor cannot locate a domestic source, a Domestic Non-Availability Determination (a DNAD, or waiver), may be appropriate if the domestic item cannot be acquired as and when needed in satisfactory quality and sufficient quantity, at U.S. market prices. The prime contractor must request a DNAD through the contracting officer.
In accordance with DFARS 225.7002-2(b), the secretaries of the military departments, without power of redelegation, have authority to approve DNADs for their respective requirements. The Under Secretary of Defense for Acquisition, Technology & Logistics, USD(AT&L) serves as the approval authority for the other defense agencies. [Note: the Defense Logistics Agency has been delegated the authority from the Under Secretary for AT&L to approve agency DNADs].
Procedures, Guidance and Information (PGI) 225-7002-2(b) establishes the process for requesting a DNAD from the Under Secretary of Defense for Acquisition, Technology and Logistics.
A request for a DNAD shall include:
Before relying on an existing DNAD, contact the approving office for current guidance as follows: