II 

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. 

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 2011’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) EXECUTIVE AGENCY.—The term ‘‘executive 

9 agency’’ has the meaning given such term in section 


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1 4 of the Office of Federal Procurement Policy Act 

2 (41 U.S.C. 403). 

3 (2) LOCAL SUBCONTRACTOR.—The term ‘‘local 

4 subcontractor’’ means, with respect to a contract, a 

5 subcontractor who has a principal place of business 

6 or regularly conducts operations in the area in which 

7 work is to be performed under the contract by the 

8 subcontractor. 

9 (3) NATURAL DISASTER RECONSTRUCTION EF10 FORTS.—The term ‘‘natural disaster reconstruction 

11 efforts’’ means reconstruction efforts undertaken in 

12 an area subject to a declaration by the President of 

13 a major disaster under section 401 of the Robert T. 

14 Stafford Disaster Relief and Emergency Assistance 

15 Act (42 U.S.C. 5170). 

16 SEC. 3. FEDERAL CONTRACTING REQUIREMENTS. 

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

18 may not enter into an agreement for debris removal or 

19 demolition services in connection with natural disaster re20 construction efforts unless the agreement specifies that— 

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

22 performed by the prime contractor or 1 or more sub23 contractors at 1 tier under the contract; 

24 (2) any work performed under the contract by 

25 subcontractors will be performed by local subVerDate Mar 15 2010 03:05 Jan 29, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S125.IS S125

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1 contractors, except to the extent that local sub2 contractors are not available to perform such work; 

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

4 manager or construction manager for the contract; 

5 and 

6 (4) the prime contractor— 

7 (A) has primary responsibility for man8 aging all work under the contract; and 

9 (B) will be paid a certain percentage of the 

10 overall value of the contract as sole compensa11 tion for assuming the risk associated with such 

12 responsibility. 

13 (b) PREFERENCE FOR SUBCONTRACTORS AFFECTED

14 BY NATURAL DISASTERS.—In entering into an agreement 

15 for debris removal or demolition services in connection 

16 with natural disaster reconstruction efforts, the head of 

17 an executive agency shall give a preference in the source 

18 selection process to each offeror who certifies that any 

19 work that is to be performed under the contract by sub20 contractors will be performed by local subcontractors. 

21 SEC. 4. APPLICABILITY. 

22 The requirements under section 3 shall apply to 

23 agreements entered into on or after the date of the enact24 ment of this Act. 

Æ 


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