63876 Federal Register / Vol. 60, No. 238 / Tuesday, December 12, 1995 / Proposed Rules

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 6 and 26

[FAR Case 93–303]

RIN 9000–AG77

Federal Acquisition Regulation;

Disaster Relief Act

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Proposed rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council are

proposing to amend the Federal

Acquisition Regulation (FAR) to address

competition requirements for

acquisitions of major disaster or

emergency assistance activities. This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993.

DATES: Comments should be submitted

on or before February 12, 1996 to be

considered in the formulation of a final

rule.

ADDRESSES: Comments should be

submitted to: General Services

Administration, FAR Secretariat (VRS),

18th and F Streets, NW., Room 4037,

Washington, DC 20405.

Please cite FAR case 93–303 in all

correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda Klein at (202) 501–3775 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405, (202) 501–4755.

Please cite FAR case 93–303.

SUPPLEMENTARY INFORMATION:

A. Background

Section 5150 of the Robert T. Stafford

Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5121, et seq.)

establishes a preference for local sources

in the award of Federal contracts for

major disaster or emergency assistance

activities. This proposed rule amends

FAR parts 6 and 26 to reflect the

requirements of Section 5150.

B. Regulatory Flexibility Act

The proposed rule is not expected to

have significant economic impact on a

substantial number of small entities

within the meaning of the Regulatory

Flexibility Act, 5 U.S.C. 601 et seq.

because the rule only applies to

acquisitions conducted during the term

of a Presidential declaration of major

disaster or emergency. An Initial

Regulatory Flexibility Analysis has,

therefore, not been performed.

Comments are invited from small

businesses and other interested parties.

Comments from small entities

concerning the affected FAR subparts

will be considered in accordance with

Section 610 of the Act. Such comments

must be submitted separately and cite

FAR case 93–303 in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the proposed rule

does not impose any information

collection requirements which require

the approval of the Office of

Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 6 and

26

Government procurement.

Dated: December 7, 1995.

C. Allen Olson,

Director, Office of Federal Acquisition Policy.

Therefore, it is proposed that 48 CFR

Parts 6 and 26 be amended as set forth

below:

PART 6—COMPETITION

REQUIREMENTS

1. The authority citation for 48 CFR

Parts 6 and 26 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

2. Section 6.302–5 is amended by

removing ‘‘or’’ from the end of

paragraph (b)(3); removing the period

from the end of paragraph (b)(4) and

inserting ‘‘; or’’; and adding paragraph

(b)(5) to read as follows:

6.302–5 Authorized or required by statute.

* * * * *

(b) * * *

(5) The Robert T. Stafford Disaster

Relief and Emergency Assistance Act—

42 U.S.C. 5150 (see subpart 26.2).

* * * * *

PART 26—OTHER SOCIOECONOMIC

PROGRAMS

3. Subpart 26.2 is added to read as

follows:

Subpart 26.2—Disaster or Emergency

Assistance Activities

26.200 Scope of subpart.

This subpart implements 42 U.S.C.

5150, which provides a preference for

local organizations, firms, and

individuals when contracting for major

disaster or emergency assistance

activities (see 6.302–5).

26.201 Policy.

(a) When contracting for major

disaster or emergency assistance

activities under this subpart, such as

debris clearance, distribution of

supplies, or reconstruction, preference

shall be given, to the extent feasible and

practicable, to those organizations,

firms, or individuals residing or doing

business primarily in the area affected

by such major disaster or emergency.

(b) The authority to provide

preference under this subpart applies

only to those acquisitions, including

those which do not exceed the

simplified acquisition threshold,

conducted during the term of a major

disaster or emergency declaration made

by the President of the United States

under authority of the Robert T. Stafford

Disaster Relief and Emergency

Assistance Act (42 U.S.C. 5121, et seq.).

[FR Doc. 95–30247 Filed 12–11–95; 8:45 am]

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