Pentagon calls for greater attention to Buy American laws

By Marjorie Censer / June 27, 2017 at 11:30 AM

In a new memo, the Pentagon's director of defense procurement and acquisition policy is calling on the contracting workforce to "be vigilant" in complying with Buy American laws.

The document, dated June 20 and signed by Claire Grady, references President Trump's focus on enforcement and compliance with Buy American laws. He signed an executive order in April, and the letter says guidance on that 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," reads the memo, sent to the acquisition chiefs of the military services, the directors of the defense agencies and the heads of U.S. Special Operations Command and U.S. Transportation Command, among others.

In recent years, the document continues, the Defense Department inspector general has conducted four audits of the Pentagon's compliance with the Buy American Act and the Berry Amendment, which requires the Pentagon to buy clothing, food and other items produced in the United States.

"The DODIG identified numerous contracts where the Berry Amendment and Buy American Act clauses should have been, but were not included in contracts . . . or where potential Anti-Deficiency Act violations may have occurred," Grady writes.

To improve compliance, she adds, her staff, working with Defense Acquisition University, has updated continuous learning modules on the Berry Amendment and the Buy American Act. The Berry Amendment module is available now; the Buy American one will be ready in July.

"Members of your contracting workforce should complete these revised training modules as part of their on-going professional development and towards achievement of their continuous learning requirement," Grady writes.

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