# Federal Acquisition Regulation; Disaster Relief Act

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URL: https://www.frixlaw.com/law-library/documents/fr%3A95-30247

## Record

- **Collection:** Federal Register
- **Document type:** Proposed Rule
- **Published:** December 12, 1995
- **Citation:** 60 FR 63876

## Text

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]
BILLING CODE 6820-EP-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A95-30247. Public record. Not legal advice.