MERIT-BASED AWARD OF CONTRACTS AND GRANTS.

SEC. 7203. MERIT-BASED AWARD OF CONTRACTS AND GRANTS. (a) Armed Services Acquisitions.— (1) Section 2304 of title 10, United States Code, as amended by section 1005, is further amended— (A) in subsection (c)(5), by inserting “subject to subsection (j),” after “(5)”; and (B) by adding at the end the following new subsection: “(j) (1) It is the policy of Congress that an agency named in section 2303(a) of this title should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures. “(2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law— “(A) specifically refers to this subsection; “(B) specifically identifies the particular non-Federal Government entity involved; and “(C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1). “(3) For purposes of this subsection, a contract is a new contract unless the work provided for in the contract is a continuation 108 STAT. 3380of the work performed by the specified entity under a preceding contract. “(4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 2303(a) of this title and to report on such matters to the Congress or any agency of the Federal Government.”. (2) Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section: “§2374. Merit-based award of grants for research and development “(a) It is the policy of Congress that an agency named in section 2303(a) of this title should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures. “(b) A provision of law may not be construed as requiring a new giant to be awarded to a specified non-Federal Government entity unless that provision of law— “(1) specifically refers to this subsection; “(2) specifically identifies the particular non-Federal Government entity involved; and “(3) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in subsection (a). “(c) For purposes of this section, 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 preceding grant. “(d) This section shall not apply with respect to any grant that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an agency named in section 2303(a) of this title and to report on such matters to the Congress or any agency of the Federal Government”. (3) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “2374. Merit-based award of grants for research and development.”;. (b) Civilian Agency Acquisitions.— (1) Section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253) is amended— (A) in subsection (c)(5), by inserting “subject to subsection (h),” after “(5)”; and (B) by adding at the end the following new subsection: “(h) (1) It is the policy of Congress that an executive agency should not be required by legislation to award a new contract to a specific non-Federal Government entity. It is further the policy of Congress that any program, project, or technology identified in legislation be procured through merit-based selection procedures. “(2) A provision of law may not be construed as requiring a new contract to be awarded to a specified non-Federal Government entity unless that provision of law— “(A) specifically refers to this subsection; “(B) specifically identifies the particular non-Federal Government entity involved; and 108 STAT. 3381 “(C) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in paragraph (1). “(3) For purposes of this subsection, 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 preceding contract. “(4) This subsection shall not apply with respect to any contract that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on such matters to the Congress or any agency of the Federal Government.”. (2) Title III of such Act, as amended by section 6006, is further amended by adding at the end the following new section: “SEC. 316. MERIT-BASED AWARD OF GRANTS FOR RESEARCH AND DEVELOPMENT “(a) Policy.— It is the policy of Congress that an executive agency should not be required by legislation to award a new grant for research, development, test, or evaluation to a non-Federal Government entity. It is farther the policy of Congress that any program, project, or technology identified in legislation be awarded through merit-based selection procedures. “(b) Rule of Construction.— A provision of law may not be construed as requiring a new grant to be awarded to a specified non-Federal Government entity unless that provision of law— “(1) specifically refers to this subsection; “(2) specifically identifies the particular non-Federal Government entity involved; and “(3) specifically states that the award to that entity is required by such provision of law in contravention of the policy set forth in subsection (a). “(c) New Grant Defined.— For purposes of this section, 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 preceding grant. “(d) Inapplicability to Certain Grants.— This section shall not apply with respect to any grant that calls upon the National Academy of Sciences to investigate, examine, or experiment upon any subject of science or art of significance to an executive agency and to report on such matters to Congress or any agency of the Federal Government.”.