Federal Acquisition Regulation; Disaster Relief Act

SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council are proposing to amend the Federal

Acquisition Regulation (FAR) to address competition requirements for

acquisitions of major disaster or emergency assistance activities. This

regulatory action was not subject to Office of Management and Budget

review under Executive Order 12866, dated September 30, 1993.

DATES: Comments should be submitted on or before February 12, 1996 to

be considered in the formulation of a final rule.

ADDRESSES: Comments should be submitted to: General Services

Administration, FAR Secretariat (VRS), 18th and F Streets, NW., Room

4037, Washington, DC 20405.

Please cite FAR case 93-303 in all correspondence related to this

case.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 in

reference to this FAR case. For general information, contact the FAR

Secretariat, Room 4037, GS Building, Washington, DC 20405, (202) 501-

4755. Please cite FAR case 93-303.

SUPPLEMENTARY INFORMATION:

A. Background

Section 5150 of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5121, et seq.) establishes a

preference for local sources in the award of Federal contracts for

major disaster or emergency assistance activities. This proposed rule

amends FAR parts 6 and 26 to reflect the requirements of Section 5150.

B. Regulatory Flexibility Act

The proposed rule is not expected to have significant economic

impact on a substantial number of small entities within the meaning of

the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. because the rule

only applies to acquisitions conducted during the term of a

Presidential declaration of major disaster or emergency. An Initial

Regulatory Flexibility Analysis has, therefore, not been performed.

Comments are invited from small businesses and other interested

parties. Comments from small entities concerning the affected FAR

subparts will be considered in accordance with Section 610 of the Act.

Such comments must be submitted separately and cite FAR case 93-303 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the proposed

rule does not impose any information collection requirements which

require the approval of the Office of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 6 and 26

Government procurement.

Dated: December 7, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Therefore, it is proposed that 48 CFR Parts 6 and 26 be amended as

set forth below:

PART 6--COMPETITION REQUIREMENTS

1. The authority citation for 48 CFR Parts 6 and 26 continues to

read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

2. Section 6.302-5 is amended by removing ``or'' from the end of

paragraph (b)(3); removing the period from the end of paragraph (b)(4)

and inserting ``; or''; and adding paragraph (b)(5) to read as follows:

6.302-5 Authorized or required by statute.

* * * * *

(b) * * *

(5) The Robert T. Stafford Disaster Relief and Emergency Assistance

Act--42 U.S.C. 5150 (see subpart 26.2).

* * * * *

PART 26--OTHER SOCIOECONOMIC PROGRAMS

3. Subpart 26.2 is added to read as follows:

Subpart 26.2--Disaster or Emergency Assistance Activities

26.200 Scope of subpart.

This subpart implements 42 U.S.C. 5150, which provides a preference

for local organizations, firms, and individuals when contracting for

major disaster or emergency assistance activities (see 6.302-5).

26.201 Policy.

(a) When contracting for major disaster or emergency assistance

activities under this subpart, such as debris clearance, distribution

of supplies, or reconstruction, preference shall be given, to the

extent feasible and practicable, to those organizations, firms, or

individuals residing or doing business primarily in the area affected

by such major disaster or emergency.

(b) The authority to provide preference under this subpart applies

only to those acquisitions, including those which do not exceed the

simplified acquisition threshold, conducted during the term of a major

disaster or emergency declaration made by the President of the United

States under authority of the Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C. 5121, et seq.).

[FR Doc. 95-30247 Filed 12-11-95; 8:45 am]

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