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United States Code (Last Updated: May 24, 2014) |
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Title 6. DOMESTIC SECURITY |
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Chapter 2. NATIONAL EMERGENCY MANAGEMENT |
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SubChapter II. COMPREHENSIVE PREPAREDNESS SYSTEM |
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Part D. Prevention of Fraud, Waste, and Abuse |
§ 791. Advance contracting
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(a) Initial report (1) In general Not 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 The report under paragraph (1) shall be submitted to the appropriate committees of Congress.
(b) Entering into contracts (1) In general Not later than 1 year after
October 4, 2006 , the Administrator shall enter into 1 or more contracts for each type of goods or services identified under subsection (a)(1)(A), and in accordance with the contracting strategy identified in subsection (a)(1)(C). Any contract for goods or services identified in subsection (a)(1)(A) previously awarded may be maintained in fulfilling this requirement.(2) Considered factors Before entering into any contract under this subsection, the Administrator shall consider section 5150 of title 42.
(3) Prenegotiated Federal contracts for goods and services The Administrator, in coordination with State and local governments and other Federal agencies, shall establish a process to ensure that Federal prenegotiated contracts for goods and services are coordinated with State and local governments, as appropriate.
(4) Prenegotiated State and local contracts for goods and services The Administrator shall encourage State and local governments to establish prenegotiated contracts with vendors for goods and services in advance of natural disasters and acts of terrorism or other man-made disasters.
(c) Maintenance of contracts After the date described under subsection (b), the Administrator shall have the responsibility to maintain contracts for appropriate levels of goods and services in accordance with subsection (a)(1)(C).
(d) Report on contracts not using competitive procedures At the end of each fiscal quarter, beginning with the first fiscal quarter occurring at least 90 days after
October 4, 2006 , the Administrator shall submit a report on each disaster assistance contract entered into by the Agency by other than competitive procedures to the appropriate committees of Congress.