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Full Text of this Amendment

SA 1450. Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 2892, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2010, and for other purposes; which was ordered to lie on the table; as follows:


At the appropriate place, insert the following:
SEC. __. LOCAL DISASTER CONTRACTING FAIRNESS.
(a) Short Title.--This section may be cited as the ``Local Disaster Contracting Fairness Act of 2009''.
(b) Definitions.--In this section:
(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 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.
(3) The term ``natural disaster reconstruction efforts'' means reconstruction efforts undertaken in an area subject to a declaration by the President of a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
(c) Federal Contracting Requirements.--
(1) IN GENERAL.--The head of an executive agency may not enter into an agreement for debris removal or demolition services in connection with natural disaster reconstruction efforts unless the agreement specifies that--
(A) all of the work under the contract will be performed by the prime contractor or 1 or more subcontractors at 1 tier under the contract;
(B) 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 such work;
(C) the prime contractor will act as the project manager or construction manager for the contract; and
(D) the prime contractor--
(i) has primary responsibility for managing all work under the contract; and
(ii) 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.
(2) PREFERENCE FOR SUBCONTRACTORS AFFECTED BY NATURAL DISASTERS.--In entering into an agreement for debris removal or demolition services in connection with natural disaster 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.
(d) Applicability.--The requirements under subsection (c) shall apply to agreements entered into on or after the date of the enactment of this Act.


(As printed in the Congressional Record for the Senate on Jul 9, 2009.)