New contracts and grants and merit-based selection procedures

  1. Law
  2. USC 41
  3. Public Contracts
  4. Federal Procurement Policy
  5. Procurement
  6. GENERAL
  7. New contracts and grants and merit-based selection procedures

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§3105. New contracts and grants and merit-based selection procedures

(a) Congressional Policy.-It is the policy of Congress that-

(1) an executive agency should not be required by legislation to award-

(A) a new contract to a specific non-Federal Government entity; or

(B) a new grant for research, development, test, or evaluation to a non-Federal Government entity; and


(2) a program, project, or technology identified in legislation be procured or awarded through merit-based selection procedures.


(b) New Contract and New Grant Described.-For purposes of this section-

(1) a contract is a new contract unless the work provided for in the contract is a continuation of the work performed by the specified entity under a prior contract; and

(2) a grant is a new grant unless the work provided for in the grant is a continuation of the work performed by the specified entity under a prior grant.


(c) Requirements for Awarding New Contract or New Grant.-A provision of law may not be construed as requiring a new contract or a new grant to be awarded to a specified non-Federal Government entity unless the provision of law specifically-

(1) refers to this section;

(2) identifies the particular non-Federal Government entity involved; and

(3) states that the award to that entity is required by the provision of law in contravention of the policy set forth in subsection (a).


(d) Exception.-This section does not apply to a contract or grant that calls on the National Academy of Sciences to investigate, examine, or experiment on a subject of science or art of significance to an executive agency and to report on those matters to Congress or an agency of the Federal Government.

( Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3744 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
3105(a) 41:253(i)(1). June 30, 1949, ch. 288, title III, §303(i), as added Pub. L. 103–355, title VII, §7203(b)(1)(B), Oct. 13, 1994, 108 Stat. 3380 ; Pub. L. 104–106, title XLI, §4101(b)(1), Feb. 10, 1996, 110 Stat. 642 .
41:266(a). June 30, 1949, ch. 288, title III, §316, as added Pub. L. 103–355, title VII, §7203(b)(2), Oct. 13, 1994, 108 Stat. 3381 ; Pub. L. 104–106, title XLIII, §4321(e)(9), Feb. 10, 1996, 110 Stat. 675 .
3105(b) 41:253(i)(3).
41:266(c).
3105(c) 41:253(i)(2).
41:266(b).
3105(d) 41:253(i)(4).
41:266(d).


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