S 125
112th CONGRESS
1st Session
S. 125
To ensure efficiency and fairness in the awarding of Federal
contracts in connection with natural disaster reconstruction efforts.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. VITTER introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
A BILL
To ensure efficiency and fairness in the awarding of Federal
contracts in connection with natural disaster reconstruction efforts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Local Disaster Contracting Fairness Act
of 2011'.
SEC. 2. DEFINITIONS.
(1) EXECUTIVE AGENCY- The term `executive agency' has the meaning
given such term in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403).
(2) LOCAL SUBCONTRACTOR- The term `local subcontractor' means, with
respect to a contract, a subcontractor who has a principal place of
business or regularly conducts operations in the area in which work
is to be performed under the contract by the subcontractor.
(3) NATURAL DISASTER RECONSTRUCTION EFFORTS- The term `natural disaster
reconstruction efforts' means reconstruction efforts undertaken in
an area subject to a declaration by the President of a major disaster
under section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170).
SEC. 3. FEDERAL CONTRACTING REQUIREMENTS.
(a) In General- The head of an executive agency may not enter into an
agreement for debris removal or demolition services in connection with
natural disaster reconstruction efforts unless the agreement specifies
that--
(1) all of the work under the contract will be performed by the prime
contractor or 1 or more subcontractors at 1 tier under the contract;
(2) any work performed under the contract by subcontractors will be
performed by local subcontractors, except to the extent that local
subcontractors are not available to perform such work;
(3) the prime contractor will act as the project manager or construction
manager for the contract; and
(4) the prime contractor--
(A) has primary responsibility for managing all work under the contract;
and
(B) will be paid a certain percentage of the overall value of the
contract as sole compensation for assuming the risk associated with
such responsibility.
(b) Preference for Subcontractors Affected by Natural Disasters- In
entering into an agreement for debris removal or demolition services
in connection with natural disaster reconstruction efforts, the head
of an executive agency shall give a preference in the source selection
process to each offeror who certifies that any work that is to be performed
under the contract by subcontractors will be performed by local subcontractors.
SEC. 4. APPLICABILITY.
The requirements under section 3 shall apply to agreements entered into
on or after the date of the enactment of this Act.
END
