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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle B—Amendments to General Contracting Authorities, Procedures, and Limitations.

P. L. 116-

House Conference Report   116-617

``(h) Exception for Small Purchases.--(1) Subsection (a) does not apply to purchases for amounts not greater than $150,000. A proposed procurement of an item in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.

``(2) On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price
Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.''.

The Senate amendment contained a provision (sec. 814) that would modify the small purchases exception included in section 2533a of title 10, United States Code, by establishing a threshold of $150,000, instead of basing such exception on the simplified acquisition threshold, which is currently set at $250,000.

The House bill contained no similar provision.

The House recedes with a technical amendment.

Senate Committee Report 116-236 to Accompanying S. 4049

Modification to small purchase threshold exception to sourcing requirements for certain articles (sec. 814)

The committee recommends a provision that would modify the small purchases exception included in section 2533a of title 10, United States Code, also known as the Berry Amendment. The threshold for the small purchases exception in the Berry Amendment is based on the simplified acquisition threshold. The committee notes that section 805 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91) modified the simplified acquisition threshold, increasing it from $150,000 to $250,000. This provision would return the threshold for the small purchases exception in the Berry Amendment to $150,000.