II 109th CONGRESS 2d Session S. 2774 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.

1.

Short title

This Act may be cited as the Local Disaster Contracting Fairness Act of 2006.

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.

3.

Applicability

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