II 

110TH CONGRESS 

2D SESSION S. 3703 

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 

NOVEMBER 19, 2008 

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 2008’’. 

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 natural disaster re10 construction efforts unless the agreement specifies that— 


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

2 performed by the prime contractor or one or more 

3 subcontractors at one tier under the contract; 

4 (2) any work performed under the contract by 

5 subcontractors will be performed by local sub6 contractors, except to the extent that local sub7 contractors are not available to perform any such 

8 work; 

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

10 manager or construction manager for the contract; 

11 and 

12 (4) the prime contractor— 

13 (A) has primary responsibility for man14 aging all work under the contract; and 

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

16 the overall value of the contract as sole com17 pensation for assuming the risk associated with 

18 such responsibility. 

19 (b) PREFERENCE FOR SUBCONTRACTORS AFFECTED

20 BY NATURAL DISASTERS.—In entering into an agreement 

21 for debris removal or demolition services in connection 

22 with natural disaster reconstruction efforts, the head of 

23 an executive agency shall give a preference in the source 

24 selection process to each offeror who certifies that any 


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1 work that is to be performed under the contract by sub2 contractors will be performed by local subcontractors. 

3 (c) DEFINITIONS.—In this Act: 

4 (1) The term ‘‘executive agency’’ has the mean5 ing given such term in section 4 of the Office of 

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

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

8 respect to a contract, a subcontractor who has a 

9 principal place of business or regularly conducts op10 erations in the area in which work is to be per11 formed under the contract by the subcontractor. 

12 (3) The term ‘‘natural disaster reconstruction 

13 efforts’’ means reconstruction efforts undertaken in 

14 an area subject to a declaration by the President of 

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

16 Stafford Disaster Relief and Emergency Assistance 

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

18 SEC. 3. APPLICABILITY. 

19 The requirements under section 2 shall apply to 

20 agreements entered into on or after the date of the enact21 ment of this Act. 

Æ 


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