PolicyBrief
H.R. 5082
119th CongressSep 2nd 2025
Best Price for Our Military Act of 2025
IN COMMITTEE

This Act prohibits defense contractors from using cost or pricing data older than 30 days as a defense in contract price disputes.

Chris Deluzio
D

Chris Deluzio

Representative

PA-17

LEGISLATION

Military Procurement Bill Ends Contractor Defense for Using Price Data Older Than 30 Days

The “Best Price for Our Military Act of 2025” has a simple, laser-focused goal: ensuring that the Department of Defense (DoD) isn't overpaying for contracts because of stale financial information. This bill targets a specific defense mechanism that contractors currently use when the government disputes a contract price.

The 30-Day Rule for Price Integrity

Here’s the deal: When the government and a defense contractor agree on a price, they typically rely on cost or pricing data provided by the contractor. If the government later claims the price was too high—maybe they think the contractor had better, cheaper data they didn't share—the contractor might argue that the data they submitted, even if old, justified the final price. This bill, specifically in Section 2, slams the door on that defense if the data used to justify the price was more than 30 days old when the final contract price was locked in.

Think of it like this: If you’re buying a used car and the seller justifies the price based on a valuation from six months ago, you’d probably walk away. The DoD is essentially saying, “If you submit updated data after the price is set, that updated data can’t be based on information that’s already ancient history.” This means contractors and subcontractors must ensure their financial submissions are highly current, or they lose a key legal defense if the government tries to claw back funds later. The intent is clear: prices for military equipment and services should be based on real-time costs, not historical averages.

Who Feels the Pinch (and Who Benefits)?

For the taxpayer, this is potentially great news. The entire point of this bill is to tighten up procurement integrity and ensure the military gets the best possible value. By removing the ability to rely on outdated data, the DoD strengthens its hand in negotiations and disputes, which should lead to better cost control and potentially lower overall defense spending.

For defense contractors and subcontractors, this means a significant administrative shift. They can no longer afford to be casual about the timeliness of their financial reporting. If they’re sloppy and submit data that’s even 31 days old when the price is agreed upon, they lose a crucial defense in any future pricing audit. This puts pressure on accounting and legal teams to maintain hyper-current records throughout the negotiation process. While the bill aims for better fiscal responsibility, it might increase the administrative burden on the companies doing business with the military, forcing them to speed up their internal financial cycles.

Overall, this is a technical, but important, change in the legal landscape of government contracting. It’s focused on ensuring that the billions spent on defense are negotiated using the most current, relevant financial facts available.