[Federal Register Volume 60, Number 238 (Tuesday, December 12, 1995)]
[Proposed Rules]
[Page 63876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30247]



      

[[Page 63875]]

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Part VI

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Parts 6 and 26



Federal Acquisition Regulation: Disaster Relief Fund; Proposed Rule

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

[[Page 63876]]


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.

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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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