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Improving Compliance with the Berry Amendment and Buy American Act (06/20/2017)

Reference: DPAP memorandum (06/20/2017)

Summary: On April 18, 2017, the President signed Executive Order 13788, Buy American and Hire American, which requires agencies to "scrupulously monitor, enforce, and comply with Buy American Laws." Guidance regarding implementation of this executive order is forthcoming. At the same time, recent fraud convictions related to compliance with Buy American laws highlight the need for the defense acquisition workforce to be vigilant in its oversight and enforcement strategies. Over the past several years, the Department of Defense Inspector General (DoDIG) conducted four audits on DoD's compliance with the Berry Amendment and Buy American Act. The DoDIG identified numerous contracts where the Berry Amendment and Buy American Act clauses should have been, but were not included in contracts, where compliance with the law and regulations where neither applied nor properly justified, or where potential Anti-Deficiency Act violations may have occurred. Additional information can be found in the memorandum.

POC: 703-614-9641

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