§3105 — Title 41 Public Contracts | U.S. Code

Summary

Federal agencies must not be forced by law to give a new contract or research grant to a named nonfederal group. Named projects must be chosen by fair competition. A contract or grant is new unless it continues prior work. A law can force a new award to a named group only if it refers to this rule, names the group, and says the award is required. This excludes awards to the National Academy of Sciences for studies and reports.

Title 41, §3105

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(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.

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).

§3105 New Contracts and Grants and Merit-based Selection Procedures

Summary

Title 41, §3105

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata