Bill · S. 979· Senate(119-S-979)
Buying Faster than the Enemy Act of 2025
- Introduced
- 3/12/2025
- Last activity
- 3/12/2025 — Read twice and referred to the Committee on Armed Services.
- Sponsored by
- Jim Banks
- Cosponsors
- None
- Introduced
- In Committee
What this bill would do
The "Buying Faster than the Enemy Act of 2025" aims to promote defense innovation. It modifies how the Department of Defense acquires commercial products, services, and nondevelopmental items. The bill allows for follow-on contract awards or agreements, including sole source awards, without further justification after a competitive selection. It also limits the required flowdown of contract clauses to subcontractors providing commercial products or services. Additionally, the act establishes new requirements for consortia to conduct prototype projects and follow-on production. Finally, it shifts the default determination for products and services to be commercial and increases limits on advance payments.
Yes
Would business owners be better off under this?+5
The bill benefits defense contractors by providing faster acquisition paths and increased advance payments.
Does this give the federal government more power?+3
The bill expands the discretionary authority of the Secretary of Defense in commercial acquisitions.
Does this make it easier to run a small business?+3
By streamlining acquisition procedures and increasing advance payment limits, the bill facilitates easier entry for commercial entities into defense contracting.
The opposite· 3 of 4
Does this make what the government does easier for the public to see?-3
By allowing follow-on awards without further justification, the bill may reduce the transparency of the procurement process.
Would union members be better off under this?-2
The bill reduces requirements for contract clause flowdowns, which could impact labor standard enforcement through subcontractors.
Does this protect the right to fair treatment by the courts?-2
The streamlining of sole-source awards reduces the requirement for additional competitive review and justification.
Who it would affect, and how
Potential Positive Impacts for People
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Increased Acquisition Speed: The Secretary of Defense and military departments may issue follow-on contract awards or agreements, including sole source awards, without further justification to recipients who were competitively selected (Section 2).
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Expanded Prototype and Production Opportunities: The Secretary of Defense shall establish at least 5 consortia to conduct prototype projects and follow-on production for each systems command and portfolio acquisition executive (Section 5).
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Better Cash Flow for Contractors: The limit for advance payments is increased from no more than 15 percent of the contract price to not more than 30 percent of the contract price (Section 6).
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Streamlined Commercial Determinations: The Secretary of Defense shall create a default determination that products and services acquired are commercial, which should be acquired using commercial procedures (Section 7).
Potential Negative Impacts for People
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Reduced Oversight on Follow-on Awards: The ability to issue follow-on or sole source awards without further justification may reduce the requirement for additional competitive reviews (Section 2).
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Restrictions on Contract Clauses: The Secretary of Defense may be prohibited from requiring certain clauses in subcontracts for commercial products and services, unless required by a specific law on a required list (Section 3).
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Increased Burden of Proof for Non-Commercial Items: To determine a product or service is non-commercial, a contracting officer must now submit a written memorandum for approval and obtain a signed determination from a program manager (Section 7).
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Business Owners+5Good For Union Workers-2
- Governance And Ideology
- Increases Federal Power+3Improves Government Transparency-3Improves Due Process-2
- Economy And Finance
- Improves Small Business Support+3Improves Consumer Protection-2
- 3/12/2025
- Read twice and referred to the Committee on Armed Services.
- Introduced in Senate