Domestic non-availability determination

The U.S. Army Contracting Command Detroit Arsenal (ACC-DTA), MI 48397-5000 is seeking industry input concerning the availability of domestic sources for certain items, i.e. safety clothing, in accordance with Defense Federal Regulation Supplement (DFARS) 225.7002 -1 (Commonly known as the Berry Amendment). This sources sought is issued for acquisition planning purposes only and does not obligate the U.S. Government (USG) in any way. It is not a request for proposal. This information is subject to change and does not bind the USG in any way.

Additional information will be provided in subsequent notice(s), as necessary. For reference, DFARS 225.7002-1(a) states in part:

The following restrictions implement 10 U.S.C. 2533a ("Berry Amendment") Except as provided in subsection 225.7002-2, do not acquire—

               (a)(1) Any of the following items, either as end products or components, unless the items have been grown, reprocessed, reused, or produced in the United States:

               (ii)  Clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof.  Clothing includes items such as outerwear, headwear, underwear, nightwear, footwear, hosiery, handwear, belts, badges, and insignia.  For additional guidance and examples, see PGI 225.7002-1(a)(1)(ii).

(2) Hand or measuring tools, unless the tools were produced in the United States. For additional guidance, see PGI 225.7002-1(a)(2).

The purpose of this notice is to identify sources that produce Berry Amendment compliant items for the descriptions as listed below. DFARS Procedures Guidance and Instruction (PGI) 225.7002-1 provides the following guidance regarding Berry compliance for hand and measuring tools:

DFARS PGI 225.7002-1(a)((2) Hand or measuring tools.

(A)          As applied to hand or measuring tools, "produced in the United States" means that the hand or measuring tool was assembled in the United States out of components, or otherwise made from raw materials into the finished product that is to be provided to the Government.

(B)          If a hand or measuring tool was assembled in a country other than the United States, then disassembled and reassembled in the United States, the hand or measuring tool was not produced in the United States.

(C)          The requirement to buy hand or measuring tools produced in the United States does not impose any restriction on the source of the components of the hand or measuring tools. This is unlike the Berry Amendment restriction on clothing (see 225.7002-1(a)(1)(ii)), which explicitly requires domestic source for the materials and components of clothing (other than unusual components such as sensors or electronics), as well as the additional separate restrictions on various types of fibers and fabrics that might be components of the clothing.

(D)          If the acquisition of the hand or measuring tools is also subject to the Buy American statute (see FAR subpart 25.1), then in order to qualify as a domestic end product, the cost of the components mined, produced, or manufactured in the United States or a qualifying country, must exceed 50 percent of the cost of all the components of the hand or measuring tool.

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ITEM DESCRIPTION:

1.   Belt, Climbing, Leather: Lineman 4 d-ring body belt sized to fit, 9” wide leather back, 1.75” wide removable leather belt strap, steel d-rings, includes tape thong, includes tool loops, includes pouch tabs, nylon stitching, user weight capacity: 350 lbs.  Buckingham part number2107M

2.   Fall Restriction Device: Lineman Wood Pole fall protection device, one-handed adjustment on the inner strap, can be configured to use a rope or web strap, only one disconnect point when climbing over an obstruction, can be used by right or left-handed users, body belt connector type: steel locking snaphooks, inner strap type: 70” woven web strap, inner adjusters type: aluminum WebGrab, outer strap type: 36” neoprene impregnated nylon, outer adjuster type: aluminum WebGrab, for pole size upto class 1 65’ pole/50” circumference, user weight capacity: 350 lbs. Buckingham part number 488DWMS

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Follow up questions regarding hand and measuring tools:

1.            Does your organization produce the tool listed above IAW DFARS PGI 225.7002-1 (2)?

2.            Does your organization produce a tool(s) that is similar to the one listed above IAW DFARS PGI 225.7002-1 (2)?

3.           Would your organization consider moving your production or manufacturing facilities to be in compliance with DFARS PGI 225.7002-1 (2) to produce these tools? If yes, please provide an estimated cost for such a move and a brief rational for such a costs.

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Interested parties are requested to send their response to Angelina Smith, Contract Specialist ACC-DTA, she can be reached at angelina.v.smith2.civ@army.mil.

Thank you for your interest in this project. ACC-DTA appreciates your time and effort in responding to this survey.