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

---
identifier: "/us/usc/t41/s3105"
source: "usc"
legal_status: "official_legal_evidence"
title: "41 USC § 3105 - New contracts and grants and merit-based selection procedures"
title_number: 41
title_name: "PUBLIC CONTRACTS"
section_number: "3105"
section_name: "New contracts and grants and merit-based selection procedures"
chapter_number: 31
chapter_name: "GENERAL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3744.)"
---

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

**(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.)

| RevisedSection | Source (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). |  |