Section 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). | |