Made in America, for Real: The Berry Amendment and Domestic Sourcing

Published 2026 | TIKC NewsWire

You already know the government likes to buy American. On defense work, one rule takes that much further. The Berry Amendment requires that certain things the military buys, clothing, fabrics, specialty metals, and some foods, be made from start to finish in the United States. Not mostly American. Not assembled here from foreign parts. Fully domestic. If you supply any of these to the Department of Defense, saying a product qualifies when it does not is not a small slip. It is a false claim with real teeth.

What the Berry Amendment covers

The Berry Amendment applies to specific categories the Defense Department buys: textiles and clothing, tents and tarps, specialty metals, and certain food. For covered items, the requirement is strict domestic sourcing, the material and the manufacturing generally have to be American. There is a related rule for specialty metals used in defense items. The point is a secure, home-grown supply for things the military depends on, which means the standard is tougher than the general preference rules and the exceptions are narrow.

Tougher than Buy American

It is easy to confuse this with the broader domestic-preference rules, but the Berry Amendment is stricter. The Buy American and Trade Agreements Act rules give preferences or allow goods from certain partner countries. The Berry Amendment, for its covered items, generally demands fully domestic sourcing with far less flexibility. Treating a Berry-covered item like an ordinary Buy American item is a common and costly mistake, because a product that would pass one test can flatly fail the other.

The certification is where it becomes fraud

Like most sourcing rules, the Berry Amendment turns on what you certify. When you tell the Defense Department a covered item is Berry-compliant and it is not, that representation is a false statement, and every delivery billed on it can become a false claim. The classic trap is a supplier who sources fabric or metal overseas, or buys from a distributor who did, and certifies domestic anyway, often without really checking. The government paid for a secure domestic product it did not receive, and your signature is the proof.

Whistleblowers watch this closely

Berry and domestic-sourcing cases are a favorite of whistleblowers, because the evidence is concrete: shipping records, mill certificates, and country-of-origin paperwork that contradict the domestic claim. An employee or competitor who spots the mismatch can bring a qui tam action and share in the recovery. For you, that means the gap between what you certified and where your material actually came from is unlikely to stay buried. Verify before you certify, not after.

What to do now

• Know if Berry applies. Check whether the item you supply to DoD is a Berry-covered category, like textiles, specialty metals, or food.
• Source fully domestic. For covered items, make sure both the material and the manufacturing are American, not just final assembly.
• Do not assume Buy American is enough. Berry is stricter, so a product that passes one rule can fail it.
• Get supplier proof. Keep mill certificates and country-of-origin records that back your domestic claim.
• Certify only what you verified. Confirm the sourcing before you sign anything that says Berry-compliant.

The Berry Amendment is the government making sure the things that clothe and protect its people are truly made at home. Know when it applies, source it fully domestic, and keep the proof, and your domestic claim becomes a strength instead of a lurking false claim. Brick by brick.

FAQ

What is the Berry Amendment?

A defense rule requiring certain items the military buys, such as clothing, textiles, specialty metals, and some foods, to be sourced and manufactured domestically in the United States.

How is it different from Buy American?

It is stricter. Buy American and the Trade Agreements Act give preferences or allow certain foreign countries; the Berry Amendment generally demands fully domestic sourcing for its covered items.

When does it become fraud?

When you certify a covered item is Berry-compliant and it is not. That false certification can make each delivery a false claim.

How do I protect my company?

Confirm whether Berry applies, source covered items fully domestic, keep supplier and origin records, and certify only what you have verified.

Sources

Berry Amendment, 10 U.S.C. 4862, and the specialty metals restriction, 10 U.S.C. 4863. (2026).

Defense Federal Acquisition Regulation Supplement. (2026). Subpart 225.70, statutory restrictions on foreign acquisition.

This article is general information, not legal advice.