II 

111TH CONGRESS 

1ST SESSION S. 1419 

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 

JULY 9, 2009 

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 2009’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) The term ‘‘executive agency’’ has the mean9 ing given such term in section 4 of the Office of 

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


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

2 respect to a contract, a subcontractor who has a 

3 principal place of business or regularly conducts op4 erations in the area in which work is to be per5 formed under the contract by the subcontractor. 

6 (3) The term ‘‘natural disaster reconstruction 

7 efforts’’ means reconstruction efforts undertaken in 

8 an area subject to a declaration by the President of 

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

10 Stafford Disaster Relief and Emergency Assistance 

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

12 SEC. 3. FEDERAL CONTRACTING REQUIREMENTS. 

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

14 may not enter into an agreement for debris removal or 

15 demolition services in connection with natural disaster re16 construction efforts unless the agreement specifies that— 

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

18 performed by the prime contractor or 1 or more sub19 contractors at 1 tier under the contract; 

20 (2) any work performed under the contract by 

21 subcontractors will be performed by local sub22 contractors, except to the extent that local sub23 contractors are not available to perform such work; 


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

2 manager or construction manager for the contract; 

3 and 

4 (4) the prime contractor— 

5 (A) has primary responsibility for man6 aging all work under the contract; and 

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

8 the overall value of the contract as sole com9 pensation for assuming the risk associated with 

10 such responsibility. 

11 (b) PREFERENCE FOR SUBCONTRACTORS AFFECTED

12 BY NATURAL DISASTERS.—In entering into an agreement 

13 for debris removal or demolition services in connection 

14 with natural disaster reconstruction efforts, the head of 

15 an executive agency shall give a preference in the source 

16 selection process to each offeror who certifies that any 

17 work that is to be performed under the contract by sub18 contractors will be performed by local subcontractors. 

19 SEC. 4. APPLICABILITY. 

20 The requirements under section 3 shall apply to 

21 agreements entered into on or after the date of the enact22 ment of this Act. 

Æ 


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