HR 1107 RH 
§ 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 established for major acquisition programs 
of the agency. 
(b) ESTABLISHMENT OF GOALS.— 
(1) BY HEAD OF EXECUTIVE AGENCY.—The head of each executive 
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 nec-
essary to implement the policy set out in subsection (a), the head of an ex-
ecutive agency shall— 
(1) determine whether there is a continuing need for programs 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 termination, 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 pro-
cured 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 
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(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 un-
less 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 experi-
ment 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. 
§ 3106. Erection, repair, or furnishing of public buildings 
and improvements not authorized, and certain 
contracts not permitted, by this division 
This division does not— 
(1) authorize the erection, repair, or furnishing of a public building 
or public improvement; or 
(2) permit a contract for the construction or repair of a building, 
road, sidewalk, sewer, main, or similar item using procedures other 
than sealed-bid procedures under section 3301(b)(1)(A) of this title if 
the conditions set forth in section 3301(b)(1)(A) of this title apply or 
the contract is to be performed outside the United States. 
CHAPTER 33—PLANNING AND SOLICITATION 
Sec. 
3301.
Full and open competition. 
3302.
Requirements for purchase of property and services pursuant to multiple award con-
tracts. 
3303.
Exclusion of particular source or restriction of solicitation to small business concerns. 
3304.
Use of noncompetitive procedures. 
3305.
Simplified procedures for small purchases. 
3306.
Planning and solicitation requirements. 
3307.
Preference for commercial items. 
3308.
Planning for future competition in contracts for major systems. 
3309.
Design-build selection procedures. 
3310.
Quantities to order. 
3311.
Qualification requirement. 
§ 3301. Full and open competition 
(a) IN GENERAL.—Except as provided in sections 3303, 3304(a), and 
3305 of this title and except in the case of procurement procedures other-
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