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2019 US Code
Title 41 - Public Contracts
Subtitle I - Federal Procurement Policy
Division C - Procurement
Chapter 31 - General
Sec. 3105 - New contracts and grants and merit-based selection procedures

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Citation 41 U.S.C. § 3105 (2019)
Section Name §3105. New contracts and grants and merit-based selection procedures
Section Text

(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.
Source Credit

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3744.)
Editorial Notes
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).
Publication Title United States Code, 2018 Edition, Supplement 1, Title 41 - PUBLIC CONTRACTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 41 - PUBLIC CONTRACTS
Subtitle I - Federal Procurement Policy
Division C - Procurement
CHAPTER 31 - GENERAL
Sec. 3105 - New contracts and grants and merit-based selection procedures
Contains section 3105
Date 2019
Laws In Effect As Of Date January 24, 2020
Positive Law Yes
Disposition standard
Statutes at Large References 108 Stat. 3380, 3381
110 Stat. 642, 675
124 Stat. 3744
Public Law References Public Law 103-355, Public Law 104-106, Public Law 111-350
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