I 

112TH CONGRESS 

1ST SESSION H. R. 1766 

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

connection with natural disaster reconstruction efforts. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 5, 2011 

Mr. BOUSTANY introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

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 

10 133 of title 41, United States Code. 


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

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

3 subcontractor who has a principal place of business 

4 or regularly conducts operations in the area in which 

5 work is to be performed under the contract by the 

6 subcontractor. 

7 (3) NATURAL DISASTER RECONSTRUCTION EF8 FORTS.—The term ‘‘natural disaster reconstruction 

9 efforts’’ means reconstruction efforts undertaken in 

10 an area subject to a declaration by the President of 

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

12 Stafford Disaster Relief and Emergency Assistance 

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

14 SEC. 3. FEDERAL CONTRACTING REQUIREMENTS. 

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

16 may not enter into an agreement for debris removal or 

17 demolition services in connection with natural disaster re18 construction efforts unless the agreement specifies that— 

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

20 performed by the prime contractor or 1 or more sub21 contractors at 1 tier under the contract; 

22 (2) any work performed under the contract by 

23 subcontractors will be performed by local sub24 contractors, except to the extent that local sub25 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) will be paid a certain percentage of the 

8 overall value of the contract as sole compensa9 tion for assuming the risk associated with such 

10 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. 

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