Title 41Public ContractsRelease 119-73

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

Title 41 › Subtitle Subtitle I— - Federal Procurement Policy › Chapter CHAPTER 31— - GENERAL › § 3105

Last updated Apr 6, 2026|Official source

Summary

Congress says executive agencies should not be forced by law to give a new contract or a new research, development, test, or evaluation grant to a specific non‑Federal entity. Any program, project, or technology named in law should be awarded using merit‑based selection. A contract or grant is "new" unless it simply continues work the same entity already did under a prior contract or grant. A law cannot be read to require such a specific award unless it clearly names this rule, identifies the exact entity, and says the award is required despite the policy. This rule does not apply when the National Academy of Sciences is hired to study or experiment and report to Congress or a federal agency.

Full Legal Text

Title 41, §3105

Public Contracts — Source: USLM XML via OLRC

(a)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)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)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)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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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).

Reference

Citations & Metadata

Citation

41 U.S.C. § 3105

Title 41Public Contracts

Last Updated

Apr 6, 2026

Release point: 119-73