[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
