Constitution Index · H.R. 1118 · 2025-02-07
Value Over Cost Act of 2026
Latest official status (2026-07-22): Received in the Senate and Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Constitutional grade
A
Constitutional
Routine internal federal procurement reform within Congress's spending and Necessary and Proper powers. It infringes no rights, restricts no individual liberty, takes no property, and centralizes nothing beyond the Federal Government buying for itself.
Article I, Section 8, Clause 1 Article I, Section 8, Clause 18 Amendment I Amendment II Amendment IV Amendment X Amendment V Amendment XIV
SI-generated grade · passed automated checks (real Constitution citation, language rules) · not individually reviewed by a person · methodology · Report an error: hello@valuesforamerica.com
The five checks
Enumerated powers · passes
Congress has explicit authority to manage federal property and spending and to make laws necessary to execute federal powers. Authority rests on Article I, Section 8, Clause 1 for providing for the common Defence and general Welfare through procurement spending, and Article I, Section 8, Clause 18, the Necessary and Proper Clause, to prescribe how executive agencies buy commercial supplies and services. Regulating GSA schedules is internal housekeeping within enumerated federal power, not a claim of new substantive power over states or individuals.
Bill of Rights · passes
The bill does not restrict speech, religion, press, assembly, arms, searches, trial rights, or other protections in the first ten Amendments. It changes only the evaluation standard for General Services Administration multiple-award contracts from lowest cost to best value when in the best interests of the federal government. No First Amendment, Second Amendment, Fourth Amendment, or other Bill of Rights interest is implicated.
Individual liberty · passes
The bill restricts no personal conduct involving person, property, speech, labor, or belief. It directs how the government evaluates its own contract offers. Private vendors remain free to bid or not bid, and no citizen must speak, refrain from speaking, or surrender property or labor. No individual-sovereignty justification is required because no individual liberty is burdened.
Decentralization · passes
This concerns the Federal Government's own purchasing process. Individuals, counties, and states cannot conduct federal agency procurement for commercial supplies and services. The minimum necessary level is federal because the buyer is the Federal Government itself. The bill does not transfer state, local, or private decisions upward and does not violate the Tenth Amendment; it only gives GSA discretion within existing federal procurement.
Due process and takings · passes
No deprivation of life, liberty, or property without due process under the Fifth Amendment and Fourteenth Amendment, no presumption-of-innocence violation, and no taking under the Fifth Amendment Takings Clause. Contractors remain subject to competitive procedures with notice and award standards; unsuccessful offerors lose no vested property right, and no property is seized without just compensation.
Provenance
- Congress.gov: HR 1118 summary · fetched 2026-10-07 · official page ↗
Version history · never overwritten
| Grade | Graded | Rubric | Source hash | Status |
|---|---|---|---|---|
| A · #256 | 2026-10-08 | vfa-constitutional-grade/1.0 | 5ad6fc9567b3 | current |
Cite this
Values for America. “Constitutional grade: H.R. 1118, Value Over Cost Act of 2026.” VFA Constitution Index, grade 256 (rubric vfa-constitutional-grade/1.0), graded October 8, 2026. https://www.valuesforamerica.com/constitution-index/grades/256. Accessed 2026-10-19.
Permalink: https://www.valuesforamerica.com/constitution-index/grades/256
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