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41 U.S.C. § 3105 — New contracts and grants and merit-based selection procedures

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 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.

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Source file: Laws/federal/codes/united-states-code/title-41/section-3105-new-contracts-and-grants-and-merit-based-selection-procedures--c8dc5cb976.md
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Source location: Title 41, Chapter 31, § 3105; chapter-031-chapter-31.md

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3304 — Use of noncompetitive procedures

**(a) When Noncompetitive Procedures May Be Used.—** An executive agency may use procedures other than competitive procedures only when— (1) the property or services needed by the executive agency are available from only one responsible source and no other type of property or services will satisfy the needs of the executive agency; (2) the executive agency’s need for the property or services is of such an unusual and compelling urgency that the Federal Government would be seriously injured unless the executive agency is permitted to limit the number of sources from which it solicits bids or proposals; (3) it is necessary to award the contract to a particular source— (A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization; (B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a Federally funded research and development center; (C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before a court, administrative tribunal, or agency, whether or not the expert is expected to testify; or (D) to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify; (4) the terms of an international agreement or treaty between the Federal Government and a foreign government or an international organization, or the written directions of a foreign government reimbursi

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 40110 — General procurement authority

**(a) General.—** In carrying out this part, the Administrator of the Federal Aviation Administration— (1) to the extent that amounts are available for obligation, may acquire services or, by condemnation or otherwise, an interest in property, including an interest in airspace immediately adjacent to and needed for airports and other air navigation facilities owned by the United States Government and operated by the Administrator; (2) may construct and improve laboratories and other test facilities; and (3) may dispose of any interest in property for adequate compensation, and the amount so received shall— (A) be credited to the appropriation current when the amount is received; (B) be merged with and available for the purposes of such appropriation; and (C) remain available until expended. **(b) Purchase of Housing Units.—** (1) **Authority.—** — In carrying out this part, the Administrator may purchase a housing unit (including a condominium or a housing unit in a building owned by a cooperative) that is located outside the contiguous United States if the cost of the unit is $300,000 or less. (2) **Adjustments for inflation.—** — For fiscal years beginning after September 30, 1997, the Administrator may adjust the dollar amount specified in paragraph (1) to take into account increases in local housing costs. (3) **Continuing obligations.—** — Notwithstanding [section 1341 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1341&num=0&edition=prelim), the Administrator may purchase a housing unit under paragraph (1) even if there is an obligation thereafter to pay necessary and reasonable fees duly assessed upon such unit, including fees related to operation, maintenance, taxes, and insurance. (4) **Certification to

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6501 — Definitions

In this chapter: (1) **Employee.—** — The term “employee” has the meaning given that term under section 2105. (2) **Executive agency.—** — Except as provided in section 6506, the term “executive agency” has the meaning given that term under section 105. (3) **Telework.—** — The term “telework” or “teleworking” refers to a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee’s position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 3105 — New contracts and grants and merit-based

Page 86 TITLE 41—PUBLIC CONTRACTS § 3103 ficer or official of that agency any power under this division. (b) PROCUREMENTS FOR OR WITH ANOTHER AGENCY.—Subject to subsection (a), to facilitate the procurement of property and services cov- ered by this division by an executive agency for another executive agency, and to facilitate joint procurement by executive agencies— (1) the head of an executive agency may del- egate functions and assign responsibilities re- lating to procurement to any officer or em- ployee within the agency; (2) the heads of 2 or more executive agencies, consistent with section 1535 of title 31 and reg- ulations prescribed under section 1074 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 31 U.S.C. 1535 note), may by agreement delegate procurement functions and assign procurement responsibilities from one executive agency to another of those exec- utive agencies or to an officer or civilian em- ployee of another of those executive agencies; and (3) the heads of 2 or more executive agencies may establish joint or combined offices to ex- ercise procurement functions and responsibil- ities. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3743.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3102 ............ 41:261. June 30, 1949, ch. 288, title III, § 311, as added Pub. L. 103–355, title I, § 1552, Oct. 13, 1994, 108 Stat. 3299. § 3103. Acquisition programs (a) CONGRESSIONAL POLICY.—It is the policy of Congress that the head of each executive agency should achieve, on average, 90 percent of the cost, performance, and schedule goals estab- lished for major acquisition programs of the agency. (b) ESTABLISHMENT OF GOALS.— (1) BY HEAD OF EXECUTIVE AGENCY.—T

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