Title: Due Diligence for FEMA Disaster Contractors Act of 2018
Policy area: Emergency Management

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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4995 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 4995

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 8, 2018

   Mr. Thompson of Mississippi (for himself, Mr. Payne, Mrs. Watson 
  Coleman, Ms. Jackson Lee, Miss Rice of New York, Mrs. Demings, Mr. 
Keating, Mr. Langevin, Mr. Correa, Ms. Barragan, Mr. Richmond, and Mr. 
    Vela) introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Due Diligence for FEMA Disaster 
Contractors Act of 2018''.

SEC. 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'' means a 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 et seq.); and
            (3) in an amount that equals or exceeds $1,000,000.
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