Page:United States Statutes at Large Volume 124.djvu/3770

124 STAT. 3744 PUBLIC LAW 111–350—JAN. 4, 2011 (1) BY HEAD OF EXECUTIVE AGENCY.—The head of each execu- tive agency shall approve or define the cost, performance, and schedule goals for major acquisition programs of the agency. (2) BY CHIEF FINANCIAL OFFICER.—The chief financial officer of an executive agency shall evaluate the cost goals proposed for each major acquisition program of the agency. (c) IDENTIFICATION OF NONCOMPLIANT PROGRAMS.—When it is necessary to implement the policy set out in subsection (a), the head of an executive agency shall— (1) determine whether there is a continuing need for pro- grams that are significantly behind schedule, over budget, or not in compliance with performance or capability requirements; and (2) identify suitable actions to be taken, including termi- nation, with respect to those programs. § 3104. Small business concerns It is the policy of Congress that a fair proportion of the total purchases and contracts for property and services for the Federal Government shall be placed with small business concerns. § 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 proce- dures. (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.