I 
117TH CONGRESS 
2D SESSION 
H. R. 8161 
To amend title 10 and 41, United States Code, to strengthen requirements 
for Government contractors to submit certified and uncertified cost or 
pricing data and information supporting commercial product determina-
tions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 21, 2022 
Mrs. CAROLYN B. MALONEY of New York (for herself, Ms. SPEIER, Ms. POR-
TER, Mr. KHANNA, and Mr. LYNCH) introduced the following bill; which 
was referred to the Committee on Armed Services, and in addition to the 
Committee on Oversight and Reform, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 10 and 41, United States Code, to strengthen 
requirements for Government contractors to submit cer-
tified and uncertified cost or pricing data and informa-
tion supporting commercial product determinations, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Pricing with Cost 
Transparency Act of 2022’’. 
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SEC. 2. SUBMISSION OF UNCERTIFIED COST DATA TO CON-
TRACTING OFFICERS. 
(a) SUBMISSION OF UNCERTIFIED COST DATA TO CI-
VILIAN AGENCIES.—Section 3505 of title 41, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘data other than certified’’ 
and inserting ‘‘uncertified’’; and 
(B) by inserting after ‘‘the procurement.’’ 
the following: ‘‘If the contracting officer deter-
mines that the uncertified pricing data sub-
mitted by the offeror, contractor, or subcon-
tractor is not adequate for evaluating the rea-
sonableness of the price of the contract, sub-
contract, or modification of the contract or sub-
contract, the offeror, contractor, or subcon-
tractor shall submit to the contracting officer 
uncertified cost data to the extent necessary to 
determine the reasonableness of such price.’’; 
(2) by redesignating subsection (b) as sub-
section (c); and 
(3) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) INELIGIBILITY FOR AWARD.— 
‘‘(1) In the event the contracting officer is un-
able to determine proposed prices are fair and rea-
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sonable by any other means, an offeror who fails to 
make a good faith effort to comply with a reasonable 
request to submit data in accordance with subsection 
(a) is ineligible for award unless the head of the con-
tracting activity, or the designee of the head of the 
contracting activity, determines that it is in the best 
interest of the Government to make the award to 
that offeror, based on consideration of pertinent fac-
tors, including the following: 
‘‘(A) The effort to obtain the data. 
‘‘(B) Availability of other sources of supply 
of the item or service. 
‘‘(C) The urgency or criticality of the Gov-
ernment’s need for the product or service. 
‘‘(D) Reasonableness of the price of the 
contract, subcontract, or modification of the 
contract or subcontract based on information 
available to the contracting officer. 
‘‘(E) Rationale or justification made by the 
offeror for not providing the requested data. 
‘‘(F) Risk to the Government if award is 
not made. 
‘‘(2)(A) Any new determination made by the 
head of the contracting activity under paragraph (1) 
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shall be reported to the senior procurement executive 
on a periodic basis. 
‘‘(3) REPORT.— 
‘‘(A) ANNUAL
REPORT.—The senior procure-
ment executive, or a designee, shall submit an an-
nual report to the Administrator of the Office of 
Federal Procurement Policy identifying offerors that 
have denied multiple requests for submission of 
uncertified cost or pricing data over the preceding 
three-year period, but nevertheless received an 
award. The report shall identify products or services 
offered by such offerors that should undergo should- 
cost analysis. 
‘‘(B) NOTATION.—The contracting officer may 
include a notation on such offerors in the system 
used by the Federal Government to monitor or 
record contractor past performance. 
‘‘(C) ASSESSMENT.—The senior procurement 
executive shall— 
‘‘(i) assess the extent to which these 
offerors are sole source providers; and 
‘‘(ii) develop strategies to incentivize new 
entrants to increase the availability of other 
sources of supply for the product or service.’’. 
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(b) SUBMISSION OF UNCERTIFIED COST DATA TO 
CONTRACTING OFFICERS.—Section 3705 of title 10, 
United States Code, is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘data other than certified’’ 
and inserting ‘‘uncertified’’; and 
(B) by inserting after ‘‘a fair and reason-
able price.’’ the following: ‘‘If the contracting 
officer determines that the uncertified pricing 
data submitted by the offeror, contractor, or 
subcontractor is not adequate for evaluating the 
reasonableness of the price of the contract, sub-
contract, or modification of the contract or sub-
contract, the offeror, contractor, or subcon-
tractor shall submit to the contracting officer 
uncertified cost data to the extent necessary to 
determine the reasonableness of such price.’’; 
and 
(2) in subsection (b)(1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘head of contracting’’ and in-
serting ‘‘head of the contracting’’; and 
(B) in subparagraph (B), by striking 
‘‘item’’ and inserting ‘‘product’’. 
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(c) APPLICATION.—The amendments made by sub-
sections (a) and (b) shall apply with respect to contracts 
awarded on or after the date that is one year after the 
date of the enactment of this Act. 
SEC. 3. DISCRETION TO REQUIRE CERTIFIED COST OR 
PRICING DATA ON BELOW-THRESHOLD CON-
TRACTS. 
(a) DISCRETION.—Section 3504(a) of title 41, 
United States Code, is amended by inserting before ‘‘In 
any case’’ the following: ‘‘The head of the procuring activ-
ity should consider making such a determination when a 
contractor, offeror, or subcontractor has previously failed 
to provide adequate uncertified cost or pricing data when 
requested or required, or other significant risk factors im-
pede the Government’s ability to determine the reason-
ableness of price.’’. 
(b) COST OR PRICING DATA ON BELOW-THRESHOLD 
CONTRACTS.—Section 3704(a) of title 10, United States 
Code, is amended by inserting before ‘‘In any case’’ the 
following: ‘‘The head of the procuring activity may con-
sider making such a determination when a contractor, of-
feror, or subcontractor has previously failed to provide 
adequate uncertified cost or pricing data when requested 
or required, or other significant risk factors impede the 
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ability of the Government to determine the reasonableness 
of price.’’. 
SEC. 4. DATA REQUIREMENTS FOR COMMERCIAL PRODUCT 
PRICING NOT BASED ON ADEQUATE PRICE 
COMPETITION. 
Section 3705 of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(2) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) AUTHORITY TO REQUIRE SUBMISSION OF IN-
FORMATION FOR COMMERCIAL PRODUCTS OF A TYPE 
CUSTOMARILY USED
BY GENERAL PUBLIC
OR NON-
GOVERNMENTAL ENTITIES.— 
‘‘(1) DATA TO SUPPORT COMMERCIAL PRODUCT 
DETERMINATION.—For products proposed as com-
mercial as defined in section 103(1) of title 41, and 
that have not previously been determined commercial 
in accordance with section 3703(d) of this title, or 
to the extent necessary to perform a periodic review 
of a commercial product determination in accordance 
with section 3703(e) of this title, the offeror shall be 
required to identify the comparable commercial 
product that is customarily used by the general pub-
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lic or nongovernmental entities that serves as the 
basis for the ‘of a type’ assertion. The offeror shall 
submit a comparison of the essential physical char-
acteristics and functionality between the proposed 
‘of a type’ product and the comparable commercial 
product in support of the ‘of a type’ assertion. The 
offeror shall also provide the National Stock Num-
bers for both the comparable commercial product 
used by the general public, if one is assigned, and 
the product proposed to meet the Government’s re-
quirement, if one is assigned. 
‘‘(2) DATA TO SUPPORT PRICE REASONABLE-
NESS.—When procurements that include products 
proposed as commercial as defined in 103(1) of title 
41 and are not covered by the exceptions in section 
3703(a)(1) of this title, and the contracting officer 
determines data available from within the Govern-
ment and outside sources are insufficient to deter-
mine price reasonableness or the contracting officer 
determines the proposed price is not reasonable, the 
offeror shall be required to provide data to support 
price reasonableness for a contract, subcontract, or 
modification of a contract or subcontract as follows: 
‘‘(A) If the offeror sells the commercial 
product that is customarily used by the general 
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public or nongovernmental entities, the offeror 
shall provide the contracting officer access to all 
unredacted sales data or purchase order history 
for the commercial product so the contracting 
officer can review unredacted sales to the gen-
eral public or nongovernmental entities. If the 
contracting officer determines the proposed 
price is not reasonable after evaluating the sales 
data, the offeror shall be required to provide 
the contracting officer with cost data, including 
information on labor cost, material cost, and 
overhead rates, for the purpose of establishing 
price reasonableness. 
‘‘(B) If the offeror does not sell the com-
mercial product that is customarily used by the 
general public or nongovernmental entities for 
purposes other than governmental purposes 
that serves as the basis for its ‘of a type’ asser-
tion for the proposed product, the offeror shall 
provide the contracting officer with cost data, 
including information on labor cost, material 
cost, and overhead rates, for the purpose of es-
tablishing price reasonableness.’’. 
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