Jonathon Douglas Long writes in his blog about the legislative and programmatic issues that affect the textile side of the Soldier Systems world. His recent piece on the Department of Homeland Security’s ruling that they are not regulated by the berry Amendment gives a good background on the situation.
DHS Ruling Erodes the Strength of the Berry Amendment
By jonathandouglaslong
Did you know that the legislation named after Congressman E.Y. Berry in 1941, requires the Department of Defense (DoD) to use appropriated funds to procure items made only with domestic materials? The other restrictive agreements often confused with Berry are the Buy American Act, Trade Agreements Act, General Agreement on Tariffs and Trade, Free Trade Agreements, and Defense Authorization Acts and Appropriations Acts. However, the Berry Amendment is the most restrictive when it comes to clothing and textiles.
The original intent of the Berry legislation, as expected, was to protect the domestic clothing and textile industry. The concern today is that other Federal agencies fall only under the Buy American Act which is not as encompassing. Departments such as the Department of Homeland Security (DHS) are not specifically required by the Federal Acquisition Regulation to follow the Berry Amendment, even though this agency is as involved in national defense as the DoD. It gets more confusing because other agencies such as the GSA who procure for the DoD must adhere to the Berry Amendment – so if the DoD procures for DHS the amendment applies but not the reverse.
The question is “why is the Department of Homeland Security (DHS) excluded from following Berry Amendment acquisition guidelines?†As reported by James A. Morrissey, Washington Correspondent for Textile World, DHS has adopted as final their interim rule established last August 2009 which rejects the objections from the clothing and textile industry. The reason the industry objected to the ruling is that DHS has included the North American Free Trade Agreement (NAFTA) countries Mexico and Canada and for some reason Chile, as eligible for Federal contracts. Even though DHS said it received comments from 26 organizations and individuals and members of Congress suggesting that DHS comply with the Berry amendment, the DHS response was that the Homeland Security legislation “is not an extension of the Berry Amendment.†http://edocket.access.gpo.gov/2010/pdf/2010-13804.pdf
However, apparently not all DHS procurement officers are aware of this final ruling because according to United States Industrial Fabrics Institute (USIFI), the Transportation Security Administration (TSA) and the U. S. Coast Guard (both DHS organizations) procurement officials do include Berry Amendment requirements for purchases.
Again, according to Textile World, Representative Larry Kissell (D-N.C.), who guided the textile response to DHS, said that “any rule allowing unnecessary use of non-domestic parts will substantially undermine the job-creating capability.†Rep. Kissell is obviously concerned with the erosion of the Berry Amendment and the negative consequences for American workers and the industry itself.
Until such time as legislation can be introduced to bring DHS into the same compliance DoD follows with the Berry Amendment, companies in the clothing and textiles industry must be prepared to support ongoing efforts such as the Kissell amendment. Further, companies must invest in the time and effort required to understand the acquisition policies and procedures of the Federal government and especially the Department of Homeland Security.
SOCOM is on the hunt for an updated version of their FR Maritime Assault Suit System worn by maritime commandos. In addition, this time they are also looking for a stripped down, lightweight version. Unveiled at SOFIC and displayed at last week’s Warrior Expo, the Mustang Survival MASS was a big hit. They have over 13,000 suits in service with the US military so Mustang Survival built upon their tradition of excellence. Yet, innovation is the key to this new design as they transition from a build to print company to a true solution provider.
Mustang Survival pulled out all of the stops for this project and it even allowed them to do accomplish an update to their sizing system. They found that they had ended up with a couple of different fit blocks based on their various suits. They completely revamped their sizing system and now fit is consistent across the entire line. Additionally, it more accurately fits the modern diver.
Who says function can’t look good? Features like mesh-backed drain holes for the pockets add not only function but the form enhances the sleek styling of the suit. Additionally, padding has been added to the shoulders, knees and along the spine.
The suit features their patented self adjusting neck seal that unlike others on the market, does not rely on Neoprene and can be opened when dry in order to facilitate venting. Additionally, the suit has an easy-adjust cuff.
The cummerbund conceals the relief zipper and except for a wee problem with zippers that everyone is experiencing, the Mustang Survival MASS and LMASS is Berry compliant.
While the standard MASS is packed with features, Mustang Survival attacked the task of building a no frills lightweight version of the suit that retained the fit and performance found in the standard variant. Weight was saved through such alterations as eliminating pocket flaps.
For more information visit www.MustangSurvival.com
Down Range Gear’s NOD Retention Lanyard has become so successful it has taken on a life of its own. Down Range Gear found a quality manufacturer that could mass produce them at a price that is both reasonable and attainable for the customer it was designed for; the infantryman. Coupled with some business know-how from the proprietor of Combat Ready USA, they have a product finally ready for the mass market. There are several other announcements that will be forthcoming with the NOD Retention Lanyard, so stay tuned.
Check out the new site at nodretentionlanyard.com.
We’ve known the folks at TD for a couple of years now and are pleased to see them join SSD as a sponsor. To celebrate, they’ve made a generous offer to award a $100 gift card to a lucky SSD reader.
To participate in the contest visit www.tacticaldistributors.com and sign up for the TD newsletter. A winner will be drawn at 1200 EDT random on 23 July 2010. Thanks for participating and good luck!
CP Gear has just released their 2 Piece MAV Bib. Designed as an after market accessory for the Tactical Tailor 2 Piece Modular Assault Vest (MAV), it is also compatible with the Tactical Tailor X Harness. Made up of 3 channels of 3 row MOLLE/PALS webbing on each side, it features a 5†wide x 2†tall section of loop Velcro on each side for attaching name tapes, rank, morale patches, etc. Additionally, each panel has 5†wide x 6†tall internal pocket that is secured with Velcro.
Available in Coyote, OD, and UCP. To order, visit www.cpgear.com
Vuurwapen Blog has created AR-15 weight and Center of Gravity calculators.
