Due Diligence for FEMA Disaster Contractors Act of 2018

To direct the Administrator of the Federal Emergency Management Agency to establish a contractor review process with respect to certain contracts, and for other purposes. 1. Short title This Act may be cited as the Due Diligence for FEMA Disaster Contractors Act of 2018 2. Past performance and resources review (a) Review required Before awarding a covered contract, the Administrator of the Federal Emergency Management Agency shall— (1) conduct a review of the potential contractor in accordance with this section; and (2) after considering the results of the review, determine whether the past performance and resources of the contractor are adequate for performance of the covered contract. (b) Determination of adequacy required The Administrator may only award a covered contract to a contractor if the Administrator has determined pursuant to subsection (a) that the past performance and resources of the contractor are adequate for performance of the covered contract. (c) Scope of review In carrying out a review under subsection (a) with respect to a covered contract, the Administrator shall assess the past experience and resources of the potential contractor, including whether the contractor has— (1) successfully performed a contract similar to the covered contract (including contracts performed at the State or local level); (2) a record of— (A) demonstrating appropriate organization, accounting, and operational controls; (B) conforming to contract requirements and standards of good workmanship; (C) forecasting and controlling costs and demonstrating appropriate budgetary controls; (D) adhering to schedules and appropriately satisfying the administrative aspects of performance; and (E) demonstrating reasonable and cooperative behavior and a commitment to customer satisfaction; (3) personnel or subcontractors with adequate experience to perform the covered contract; (4) financial resources adequate to perform the covered contract; and (5) technical resources adequate to perform the covered contract. (d) Waivers (1) In general The Administrator may waive a requirement under this section with respect to a contract if the Administrator determines that the waiver is in the public interest. (2) Notification Not later than 30 days after the date on which the Administrator issues a waiver under paragraph (1), the Administrator shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate written notice of the waiver that includes a description of the reasons for the waiver. (e) Covered contract defined In this section, the term covered contract (1) for goods or services; (2) awarded in response to a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 (3) in an amount that equals or exceeds $1,000,000.

Summary: Due Diligence for FEMA Disaster Contractors Act of 2018 This bill directs the Federal Emergency Management Agency (FEMA), before awarding a covered contract (i.e., a contract for goods or services, awarded in response to a major disaster or emergency, and in an amount that equals or exceeds $1 million) to: (1) conduct a review of the potential contractor, and (2) determine whether the past performance and resources of the contractor are adequate for the contract's performance. In carrying out such review, FEMA shall assess the past experience and resources of the potential contractor using specified criteria. FEMA may waive requirements of this bill upon determining that the waiver is in the public interest.