II 

109TH CONGRESS 

2D SESSION S. 2774 

To ensure efficiency and fairness in the awarding of Federal contracts in 

connection with Hurricane Katrina and Hurricane Rita reconstruction efforts. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2006 

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 Hurricane Katrina and Hurricane Rita reconstruction efforts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Local Disaster Con5 tracting Fairness Act of 2006’’. 

6 SEC. 2. FEDERAL CONTRACTING REQUIREMENTS. 

7 (a) IN GENERAL.—The head of an executive agency 

8 may not enter into an agreement for debris removal or 

9 demolition services in connection with Hurricane Katrina 


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1 or Hurricane Rita reconstruction efforts unless the agree2 ment specifies that— 

3 (1) all of the work under the contract will be 

4 performed by the prime contractor or one or more 

5 subcontractors at one tier under the contract; 

6 (2) any work performed under the contract by 

7 subcontractors will be performed by local sub8 contractors, except to the extent that local sub9 contractors are not available to perform any such 

10 work; 

11 (3) the prime contractor will act as the project 

12 manager or construction manager for the contract; 

13 and 

14 (4) the prime contractor— 

15 (A) has primary responsibility for man16 aging all work under the contract; and 

17 (B) is to be paid a certain percentage of 

18 the overall value of the contract as sole com19 pensation for assuming the risk associated with 

20 such responsibility. 

21 (b) PREFERENCE FOR SUBCONTRACTORS AFFECTED

22 BY HURRICANE KATRINA AND HURRICANE RITA.—In en23 tering into an agreement for debris removal or demolition 

24 services in connection with Hurricane Katrina or Hurri25 cane Rita reconstruction efforts, the head of an executive 


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1 agency shall give a preference in the source selection proc2 ess to each offeror who certifies that any work that is to 

3 be performed under the contract by subcontractors will be 

4 performed by local subcontractors. 

5 (c) DEFINITIONS.—In this Act: 

6 (1) The term ‘‘executive agency’’ has the mean7 ing given such term in section 4 of the Office of 

8 Federal Procurement Policy Act (41 U.S.C. 403). 

9 (2) The term ‘‘local subcontractor’’ means, with 

10 respect to a contract, a subcontractor who— 

11 (A) has a principal place of business or 

12 regularly conducts operations in the area in 

13 which work is to be performed under the con14 tract by the subcontractor; and 

15 (B)(i) was located, as of August 28, 2005, 

16 in the area in which the President declared a 

17 major disaster as a result of Hurricane 

18 Katrina; or 

19 (ii) was located as of September 23, 2005, 

20 in the area in which the President declared a 

21 major disaster as a result of Hurricane Rita. 


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1 SEC. 3. APPLICABILITY. 

2 The requirements under section 2 shall apply to 

3 agreements entered into on or after the date of the enact4 ment of this Act. 

Æ 


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