[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2774 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2774

To ensure efficiency and fairness in the awarding of Federal contracts 
in connection with Hurricane Katrina and Hurricane Rita reconstruction 
                                efforts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 10, 2006

  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 Hurricane Katrina and Hurricane Rita reconstruction 
                                efforts.

    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 ``Local Disaster Contracting Fairness 
Act of 2006''.

SEC. 2. FEDERAL CONTRACTING REQUIREMENTS.

    (a) In General.--The head of an executive agency may not enter into 
an agreement for debris removal or demolition services in connection 
with Hurricane Katrina or Hurricane Rita reconstruction efforts unless 
the agreement specifies that--
            (1) all of the work under the contract will be performed by 
        the prime contractor or one or more subcontractors at one tier 
        under the contract;
            (2) any work performed under the contract by subcontractors 
        will be performed by local subcontractors, except to the extent 
        that local subcontractors are not available to perform any such 
        work;
            (3) the prime contractor will act as the project manager or 
        construction manager for the contract; and
            (4) the prime contractor--
                    (A) has primary responsibility for managing all 
                work under the contract; and
                    (B) is to be paid a certain percentage of the 
                overall value of the contract as sole compensation for 
                assuming the risk associated with such responsibility.
    (b) Preference for Subcontractors Affected by Hurricane Katrina and 
Hurricane Rita.--In entering into an agreement for debris removal or 
demolition services in connection with Hurricane Katrina or Hurricane 
Rita reconstruction efforts, the head of an executive agency shall give 
a preference in the source selection process to each offeror who 
certifies that any work that is to be performed under the contract by 
subcontractors will be performed by local subcontractors.
    (c) Definitions.--In this Act:
            (1) The term ``executive agency'' has the meaning given 
        such term in section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403).
            (2) The term ``local subcontractor'' means, with respect to 
        a contract, a subcontractor who--
                    (A) has a principal place of business or regularly 
                conducts operations in the area in which work is to be 
                performed under the contract by the subcontractor; and
                    (B)(i) was located, as of August 28, 2005, in the 
                area in which the President declared a major disaster 
                as a result of Hurricane Katrina; or
                    (ii) was located as of September 23, 2005, in the 
                area in which the President declared a major disaster 
                as a result of Hurricane Rita.

SEC. 3. APPLICABILITY.

    The requirements under section 2 shall apply to agreements entered 
into on or after the date of the enactment of this Act.
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