[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39200-39201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18501]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 6 and 26

[FAC 90-40; FAR Case 93-303; Item IV]
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: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
the Federal Acquisition Regulation (FAR) to provide a preference for 
local sources in the award of contracts for 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, and is not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: Septmber 24, 1996.

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 FAC 90-40, FAR case 93-303.

SUPPLEMENTARY INFORMATION:

A. Background

    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 final rule amends FAR 6.302-5, and adds FAR 
Subpart 26.2 to implement the requirements of Section 5150.
    A proposed rule was published in the Federal Register at 60 FR 
63876, December 12, 1995. No comments were received in response to the 
proposed rule.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a 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.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public 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: July 16, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Parts 6 and 26 are amended as set forth below:-
    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).

PART 6--COMPETITION REQUIREMENTS

    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

Sec.
26.200  Scope of subpart.
26.201  Policy.


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).

[[Page 39201]]

26.201  Policy.-

    (a) When contracting under this subpart for major disaster or 
emergency assistance activities, 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 the authority of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

[FR Doc. 96-18501 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-EP-P