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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) [
].) 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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Alan W. H. Gourley
Partner – Washington, D.C., London
Phone: +1 202.624.2561 , +44.20.7413.1342

David C. Hammond
Partner – Washington, D.C.
Phone: +1 202.624.2510

John E. McCarthy Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2579

Terry L. Albertson
Senior Counsel – Washington, D.C.
Phone: +1 202.624.2635