Federal Acquisition Regulation; Disaster Relief Act

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 6 and 26

[FAC 90-40; FAR Case 93-303; Item IV]

RIN 9000-AG77

Federal Acquisition Regulation; Disaster Relief Act

AGENCIES: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed on a final rule amending

the Federal Acquisition Regulation (FAR) to provide a preference for

local sources in the award of contracts for 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, and is not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: Septmber 24, 1996.

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 FAC 90-40, FAR case 93-303.

SUPPLEMENTARY INFORMATION:

A. Background

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 final rule amends FAR 6.302-5, and adds FAR

Subpart 26.2 to implement the requirements of Section 5150.

A proposed rule was published in the Federal Register at 60 FR

63876, December 12, 1995. No comments were received in response to the

proposed rule.

B. Regulatory Flexibility Act

The Department of Defense, the General Services Administration, and

the National Aeronautics and Space Administration certify that this

final rule will not have a 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.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to

the FAR do not impose recordkeeping or information collection

requirements, or collections of information from offerors, contractors,

or members of the public 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: July 16, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 6 and 26 are amended as set forth below:-

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).

PART 6--COMPETITION REQUIREMENTS

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

Sec.

26.200 Scope of subpart.

26.201 Policy.

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).

[[Page 39201]]

26.201 Policy.-

(a) When contracting under this subpart for major disaster or

emergency assistance activities, 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 the authority of the Robert T. Stafford Disaster Relief

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

[FR Doc. 96-18501 Filed 7-25-96; 8:45 am]

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