Advance contracting
Initial report
In general
Not later than 180 days after
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;
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
a contracting strategy that maximizes the use of advance contracts to the extent practical and cost-effective.
Submission
Entering into contracts
In general
Considered factors
Prenegotiated Federal contracts for goods and services
Prenegotiated State and local contracts for goods and services
Maintenance of contracts
Report on contracts not using competitive procedures
Updated report
Not later than 180 days after
the information required in the initial report under subparagraphs (A) and (B) of subsection (a)(1); and
an updated strategy described in subsection (a)(1)(C) that clearly defines—
the objectives of advance contracts;
how advance contracts contribute to disaster response operations of the Agency;
how to maximize the award of advance contracts to small business concerns, as defined in section 632 of title 15; and
whether and how advance contracts should be prioritized in relation to new post-disaster contract awards.
Additional Duties of the Administrator
Head of contracting
The Administrator shall ensure that the head of contracting activity of the Agency—
not later than 270 days after
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
for contracting officers to perform outreach to State and local governments on the potential benefits of establishing their own pre-negotiated advance contracts;
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;
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;
not later than 180 days after
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
communicates complete and up-to-date information on available advance contracts to State and local governments to inform their advance contracting efforts.
Master acquisition planning schedule
Not later than 180 days after
identify acquisition planning time frames and considerations across the entire acquisition planning process of the Agency; and
clearly communicate the purpose and use of a master acquisition planning schedule.
Source
(Pub. L. 109–295, title VI, § 691,Notes
Editorial Notes
Amendments
Statutory Notes and Related Subsidiaries
Findings
the Post-Katrina Emergency Management and Reform Act of 2006 [Post-Katrina Emergency Management Reform Act of 2006] (Public Law 109–925 [Pub. L. 109–295, title VI]; 120 Stat. 1394) required the Federal Emergency Management Agency to establish advance contracts, which are established prior to disasters and are typically needed to quickly provide life-sustaining goods and services in the immediate aftermath of a disaster;
the catastrophic hurricanes and wildfires in the United States in 2017 highlighted the importance of these advance contracts in disaster response;
in a report issued by the Government Accountability Office entitled ‘2017 Disaster Contracting: Action Needed to Better Ensure More Effective Use and Management of Advance Contracts’, the Government Accountability Office identified a number of challenges with advance contracts and recommended actions to improve management by the Federal Emergency Management Agency of these contracts for future disasters; and
section 691 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 791) should be amended to incorporate the recommendations made by the report described in paragraph (3) to ensure more effective use and management of advance contracts.”