Sec. 304. Local disaster contracting fairness
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In this section— the term executive agency has the meaning given that term in section 133 of title 41, United States Code; 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; and the term natural disaster reconstruction efforts means reconstruction efforts undertaken in an area for which the President has declared a major disaster under section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ). 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— 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; 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; the prime contractor will act as the project manager or construction manager for the contract; and the prime contractor— has primary responsibility for managing all work under the contract; and will be paid a certain percentage of the overall value of the contract as sole compensation for assuming the risk associated with such responsibility.
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. The requirements under subsection
(b)shall apply to agreements entered into on or after the date of enactment of this Act.
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Sec. 304
Local disaster contracting fairness
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