Collapse to view only § 791. Advance contracting
- § 791. Advance contracting
- § 792. Repealed.
- § 793. Oversight and accountability of Federal disaster expenditures
- § 794. Limitation on length of certain noncompetitive contracts
- § 795. Fraud, waste, and abuse controls
- § 796. Registry of disaster response contractors
- § 797. Fraud prevention training program
§ 791. Advance contracting
(a) Initial report
(1) In generalNot later than 180 days after October 4, 2006, the Administrator shall submit a report under paragraph (2) identifying—
(A) recurring disaster response requirements, including specific goods and services, for which the Agency is capable of contracting for in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner;
(B) recurring disaster response requirements, including specific goods and services, for which the Agency can not contract in advance of a natural disaster or act of terrorism or other man-made disaster in a cost effective manner; and
(C) a contracting strategy that maximizes the use of advance contracts to the extent practical and cost-effective.
(2) Submission
(b) Entering into contracts
(1) In general
(2) Considered factors
(3) Prenegotiated Federal contracts for goods and services
(4) Prenegotiated State and local contracts for goods and services
(c) Maintenance of contracts
(d) Report on contracts not using competitive procedures
(e) Updated reportNot later than 180 days after December 31, 2020, the Administrator shall submit to the appropriate committees of Congress an updated report that contains—
(1) the information required in the initial report under subparagraphs (A) and (B) of subsection (a)(1); and
(2) an updated strategy described in subsection (a)(1)(C) that clearly defines—
(A) the objectives of advance contracts;
(B) how advance contracts contribute to disaster response operations of the Agency;
(C) how to maximize the award of advance contracts to small business concerns, as defined in section 632 of title 15; and
(D) whether and how advance contracts should be prioritized in relation to new post-disaster contract awards.
(f) Additional Duties of the Administrator
(1) Head of contractingThe Administrator shall ensure that the head of contracting activity of the Agency—
(A) not later than 270 days after December 31, 2020, updates the Disaster Contracting Desk Guide of the Agency to provide specific guidance—
(i) on whether and under what circumstances contracting officers should consider using existing advance contracts entered into in accordance with this section prior to making new post-disaster contract awards, and include this guidance in existing semi-annual training given to contracting officers; and
(ii) for contracting officers to perform outreach to State and local governments on the potential benefits of establishing their own pre-negotiated advance contracts;
(B) adheres to hard copy contract file management requirements in effect to ensure that the files relating to advance contracts entered into in accordance with this section are complete and up to date, whether the files will be transferred into the Electronic Contract Filing System of the Agency or remain in hard copy format;
(C) notifies contracting officers of the 3-day time frame requirement for entering completed award documentation into the contract writing system of the Agency when executing notice to proceed documentation;
(D) not later than 180 days after December 31, 2020, revises the reporting methodology of the Agency to ensure that all disaster contracts are included in each quarterly report submitted to the appropriate congressional committees under this section on disaster contract actions;
(E) identifies a single centralized resource listing advance contracts entered into under this section and ensures that source is current and up to date and includes all available advance contracts; and
(F) communicates complete and up-to-date information on available advance contracts to State and local governments to inform their advance contracting efforts.
(2) Master acquisition planning scheduleNot later than 180 days after December 31, 2020, the Administrator shall update and implement guidance for program office and acquisition personnel of the Agency to—
(A) identify acquisition planning time frames and considerations across the entire acquisition planning process of the Agency; and
(B) clearly communicate the purpose and use of a master acquisition planning schedule.
(Pub. L. 109–295, title VI, § 691, Oct. 4, 2006, 120 Stat. 1457; Pub. L. 116–272, § 3(a), Dec. 31, 2020, 134 Stat. 3349.)
§ 792. Repealed. Pub. L. 117–253, § 1, Dec. 20, 2022, 136 Stat. 2360
§ 793. Oversight and accountability of Federal disaster expenditures
(a) Authority of Administrator to designate funds for oversight activities
(b) Use of funds
(1) Types of oversight activities
Oversight funds may be used for the following types of oversight activities related to Agency mission assignments:
(A) Monitoring, tracking, and auditing expenditures of funds.
(B) Ensuring that sufficient management and internal control mechanisms are available so that Agency funds are spent appropriately and in accordance with all applicable laws and regulations.
(C) Reviewing selected contracts and other activities.
(D) Investigating allegations of fraud involving Agency funds.
(E) Conducting and participating in fraud prevention activities with other Federal, State, and local government personnel and contractors.
(2) Plans and reports
(c) Restriction on use of funds
(d) Methods of oversight activities
(1) In general
(2) Coordination of oversight activities
(e) Development of oversight plans
(1) In general
(2) Selection of oversight activities
(3) Schedule
(f) Federal disaster assistance accountability reports
(g) Definition
(Pub. L. 109–295, title VI, § 693, Oct. 4, 2006, 120 Stat. 1458.)
§ 794. Limitation on length of certain noncompetitive contracts
(a) Regulations
The Secretary shall promulgate regulations applicable to contracts described in subsection (c) to restrict the contract period of any such contract entered into using procedures other than competitive procedures pursuant to the exception provided in paragraph (2) of section 3304(a) of title 41 to the minimum contract period necessary—
(1) to meet the urgent and compelling requirements of the work to be performed under the contract; and
(2) to enter into another contract for the required goods or services through the use of competitive procedures.
(b) Specific contract period
(c) Covered contracts
(Pub. L. 109–295, title VI, § 695, Oct. 4, 2006, 120 Stat. 1460.)
§ 795. Fraud, waste, and abuse controls
(a) In general
The Administrator shall ensure that—
(1) all programs within the Agency administering Federal disaster relief assistance develop and maintain proper internal management controls to prevent and detect fraud, waste, and abuse;
(2) application databases used by the Agency to collect information on eligible recipients must record disbursements;
(3) such tracking is designed to highlight and identify ineligible applications; and
(4) the databases used to collect information from applications for such assistance must be integrated with disbursements and payment records.
(b) Audits and reviews required
(Pub. L. 109–295, title VI, § 696, Oct. 4, 2006, 120 Stat. 1460.)
§ 796. Registry of disaster response contractors
(a) DefinitionsIn this section—
(1) the term “registry” means the registry created under subsection (b); and
(2) the terms “small business concern”, “small business concern owned and controlled by socially and economically disadvantaged individuals”, “small business concern owned and controlled by women”, and “small business concern owned and controlled by service-disabled veterans” have the meanings given those terms under the Small Business Act (15 U.S.C. 631 et seq.).
(b) Registry
(1) In general
(2) ContentsThe registry shall include, for each business concern—
(A) the name of the business concern;
(B) the location of the business concern;
(C) the area served by the business concern;
(D) the type of good or service provided by the business concern;
(E) the bonding level of the business concern; and
(F) whether the business concern is—
(i) a small business concern;
(ii) a small business concern owned and controlled by socially and economically disadvantaged individuals;
(iii) a small business concern owned and controlled by women; or
(iv) a small business concern owned and controlled by service-disabled veterans.
(3) Source of information
(A) Submission
(B) AttestationEach business concern submitting information to the registry shall submit—
(i) an attestation that the information is true; and
(ii) documentation supporting such attestation.
(C) Verification
(4) Availability of registry
(5) Consultation of registry
(Pub. L. 109–295, title VI, § 697, Oct. 4, 2006, 120 Stat. 1461.)
§ 797. Fraud prevention training program
The Administrator shall develop and implement a program to provide training on the prevention of waste, fraud, and abuse of Federal disaster relief assistance relating to the response to or recovery from natural disasters and acts of terrorism or other man-made disasters and ways to identify such potential waste, fraud, and abuse.
(Pub. L. 109–295, title VI, § 698, Oct. 4, 2006, 120 Stat. 1462.)