{"identifier":"/us/usc/t41/s3105","title":41,"num":"\u00a7\u202f3105.","heading":"New contracts and grants and merit-based selection procedures","text":"\u00a7\u202f3105.\nNew contracts and grants and merit-based selection procedures\n(a)\nCongressional Policy.\u2014\nIt is the policy of Congress that\u2014\n(1) an executive agency should not be required by legislation to award\u2014\n(A) a new contract to a specific non-Federal Government entity; or\n(B) a new grant for research, development, test, or evaluation to a non-Federal Government entity; and\n(2) a program, project, or technology identified in legislation be procured or awarded through merit-based selection procedures.\n(b)\nNew Contract and New Grant Described.\u2014\nFor purposes of this section\u2014\n(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\n(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.\n(c)\nRequirements for Awarding New Contract or New Grant.\u2014\nA 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\u2014\n(1) refers to this section;\n(2) identifies the particular non-Federal Government entity involved; and\n(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).\n(d)\nException.\u2014\nThis 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.","url":"https://projectusc.org/usc/t41/s3105.html","content":[{"t":"sec","id":"/us/usc/t41/s3105","children":[{"t":"num","text":"\u00a7\u202f3105."},{"t":"heading","text":"New contracts and grants and merit-based selection procedures"},{"t":"subsec","id":"/us/usc/t41/s3105/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Congressional Policy.\u2014"},{"t":"chapeau","text":"It is the policy of Congress that\u2014"},{"t":"para","id":"/us/usc/t41/s3105/a/1","children":[{"t":"num","text":"(1)"},{"t":"chapeau","text":" an executive agency should not be required by legislation to award\u2014"},{"t":"subpara","id":"/us/usc/t41/s3105/a/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a new contract to a specific non-Federal Government entity; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t41/s3105/a/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a new grant for research, development, test, or evaluation to a non-Federal Government entity; and","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s3105/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" a program, project, or technology identified in legislation be procured or awarded through merit-based selection procedures.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s3105/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"New Contract and New Grant Described.\u2014"},{"t":"chapeau","text":"For purposes of this section\u2014"},{"t":"para","id":"/us/usc/t41/s3105/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s3105/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s3105/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Requirements for Awarding New Contract or New Grant.\u2014"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t41/s3105/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" refers to this section;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s3105/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" identifies the particular non-Federal Government entity involved; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t41/s3105/c/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" states that the award to that entity is required by the provision of law in contravention of the policy set forth in subsection (a).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t41/s3105/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Exception.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}