---
kind: "section"
citation: "41 U.S.C. § 3105"
title: "41"
title_heading: "Public Contracts"
number: "3105"
heading: "New contracts and grants and merit-based selection procedures"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/3105"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division C — Procurement"
  - "Chapter 31 — General"
---

# §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)](#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.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | 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). |  |