DHS Proposes Changes to Textile and Apparel Acquisition Rules

The Department of Homeland Security is accepting comments through Sept. 23 on a proposed rule that would amend regulations dealing with DHS acquisition of certain clothing, canvas or textile products, and natural and synthetic fabrics.

The so-called Kissell Amendment (section 604 of the American Recovery and Reinvestment Act of 2009) generally prohibits DHS from procuring certain textiles, clothing, and footwear that are directly related to U.S. national security interests unless they are grown, reprocessed, reused, or produced in the U.S. There is a de minimis exception to this prohibition if the total value of non-compliant cotton, wool, or other natural fibers does not exceed 10 percent of the total purchase price of the end item.

DHS is now proposing a number of changes to the Homeland Security Acquisition Regulation, including the following, to better clarify how the department complies with the Kissell Amendment.

– defining the term “end item” to mean “supplies delivered under a line item of a contract”

– updating provisions applicable to the de minimis exception, including replacing the term “end product” with the term “end item”

– codifying that the Kissell Amendment applies to all contracts, options, and orders entered into on or after Aug. 16, 2009