PRIA, Government Policy, Made Personal

Summary

Congress says executive agencies must not be forced by law to give a new contract or a new research, development, test, or evaluation grant to a named non‑federal group. If a law points to a program, project, or technology, the agency must use merit‑based selection to buy or award it. A contract or grant is "new" only if it is not just a continuation of prior work by that group. A law cannot be read to require such an award unless it (1) refers to this provision, (2) names the non‑federal entity, and (3) explicitly says the award is required despite the policy. Work done by the National Academy of Sciences to study and report to Congress or a federal agency is excluded.

Title 41, §3105

Public Contracts, Source: USLM XML via OLRC

(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)

(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.

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