Fun with the DFARS Part 225

  • A “Qualifying Country” is a country from a list of twelve or fifteen countries with whose ministry of defense the DoD has a bilateral agreement for defense contracting only. This list is DoD-specific and does not apply to other agencies. End products from qualifying countries are not subject to the Buy American Act (“BAA”) because of the bilateral agreements. DFARS 225.0.
  • The Berry Amendment at first related only to preference for U.S.-made textile or fabric products, such as uniforms or tents. Over time, it has grown away from only textiles to incorporate special interests such as bulletproof vests, fire-retardant fabrics, and hand tools. The Berry Amendment is at DFARS 225.7002.
  • The Berry Amendment has several exceptions; for example, it generally does not apply to contracts below the Simplified Acquisition Threshold, which is currently $150,000. It also does not apply to certain overseas acquisitions. Most importantly, it does not apply to any agencies other than the DoD. DFARS 225.7002-1.
  • Private security contractors can be covered by the Status of Forces Agreement (“SOFA”) requirements. This helps covered parties understand how local laws might apply so the parties are not operating in a legal vacuum. DFARS 225.3.
  • Contractors must now register their personnel with the Synchronized Predeployment and Operational Tracker (“SPOT”), regardless of whether the deployed personnel will be combat personnel or support personnel. This requirement is less to create consequences for contractors and more to logistically help everyone run operations smoothly. DFARS 225.301.

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