If you sell apparel and you're looking at federal contracting, the first thing to understand is that "the government" isn't one buyer with one rulebook. Defense purchases and civilian-agency purchases run under two different domestic-content regimes, and they land in very different places for a brand sourcing from Asia.
The Berry Amendment: effectively all-domestic, no exceptions for cost
The Berry Amendment (now codified at 10 U.S.C. §4862) requires the Department of Defense to buy certain categories — clothing, textiles, and footwear among them — only if they're grown, reprocessed, reused, or produced entirely in the United States. That requirement reaches down into components: fabric, thread, buttons, zippers, even narrow fabrics. A garment with a single imported button can fail compliance.
This is the rule behind DLA Troop Support's Clothing & Textiles program — the single largest buyer of apparel in the federal government, covering everything from combat uniforms to dress uniforms to physical training gear. For a sourcing agent whose supply chain runs through Bangladesh, China, or Pakistan, Berry Amendment-covered contracts are not realistically accessible as a prime contractor. There's no cost-based waiver; it's a legal requirement, not a preference.
The Trade Agreements Act: a wider, different list of eligible countries
Civilian federal agencies — the kind of agency that isn't the Department of Defense — generally don't operate under the Berry Amendment. Instead, their purchases fall under the Trade Agreements Act (TAA), which allows sourcing from a defined list of "designated countries": World Trade Organization Government Procurement Agreement members, US free-trade-agreement partners, Caribbean Basin countries, and UN-designated Least Developed Countries.
That last category matters a great deal for a sourcing network like ours. Bangladesh is classified as a Least Developed Country, which means goods produced there can qualify as TAA-compliant for civilian agency purchases. China does not qualify under TAA in any category. Pakistan is not currently on the designated-country list either.
Update, November 2026: Bangladesh had been scheduled to graduate from Least Developed Country status on 24 November 2026. On 29 October 2026 the UN General Assembly approved a three-year extension, moving that date to 24 November 2029. Agencies apply the designated-country list in FAR 25.003 as it stands at the time of each purchase, so check the current list before bidding.
Berry Amendment contracts (DoD, mainly DLA Troop Support) are not a realistic fit for an overseas-sourced supply chain. Civilian agency contracts under the Trade Agreements Act may be — specifically for goods produced in Bangladesh, not China or Pakistan.
Why the distinction is easy to miss
Solicitations rarely spell out "this is a Berry Amendment buy" or "this is TAA" in plain language — it's buried in the clause set (DFARS 225.7002 for Berry, FAR 25.003 for TAA) or implied by which agency is buying. A sourcing agent evaluating opportunities needs to check the buying agency and the applicable clauses before investing time in a bid, not after.
We keep this distinction in mind constantly when thinking about which parts of our network are relevant to which kind of buyer — domestic, civilian-federal, or Berry-restricted defense work. If you're evaluating your own supply chain against a federal opportunity, it's worth checking which rule actually applies before assuming either way.