Further Progress On What Used To Be The Berry Amendment
For acquisitions of commercially available off-the-shelf (COTS) items, DOD has proposed to amend the DFARS to waive application of the statutory preference for domestic and qualified-country sourced specialty metals, formerly part of the Berry Amendment, but now codified at 10 U.S.C. 2533b (72 Fed. Reg. 35960 (July 2, 2007) [http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.
gpo.gov/2007/pdf/E7-12763.pdf].) If adopted as a final rule, this waiver would be a major step toward making full compliance with the impractical statutory requirements a real possibility.
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