and local governments, or private nonprofit organizations.

(4) Providing technical advice and engineering services.

(c) Authority of FDAA Administrator. The Secretary, Department of Housing and Urban Development (D/ HUD) has been designatd by the President in Executive Order 11795 to administer the Federal Disaster Relief Act of 1974, and supplemental legislation, and to prescribe rules and regulations for carrying out provisions thereof. The President reserved the authority to declare major disasters or emergencies. All other authorities pertaining to natural disaster functions pursuant to previous Executive Orders that were transferred by E.O. 11795 to the Secretary D/HUD, have been further delegated, with certain exceptions, to the Federal Disaster Assistance Administration, D/HUD. The FDAA Administrator hàs been given certain authorities and functions under Pub. L. 93-288, including:

in

(1) The authority to direct Federal agencies to provide assistance "Major Disasters or Emergencies" with or without reimbursement.

(2) The authority to coordinate the activities of Federal agencies in providing disaster relief.

(3) The authority to appoint a Federal Coordinating Officer.

(d) Authority of FDAA regional directors. The FDAA Administrator has redelegated certain authorities and functions to the FDAA Regional Directors within their respective areas including: the authority to direct and coordinate with activities of the Federal agencies in providing disaster assistance and to direct any Federal agency to utilize its available personnel, equipment, supplies, facilities and other resources. This authority to issue mission assignments and approve project applications may be redelegated by the Regional Director.

(e) Federal Coordinating Officer (FCO). The FCO, appointed by the FDAA Administrator will perform the following functions:

(1) Make an initial appraisal of the types of relief most urgently needed. (2) Establish such field offices as the FCO deems necessary.

(3) Coordinate the administration of relief.

(4) Take such other action consistent with the provisions of Pub. L. 93288 and other authority delegated as deemed necessary to assist local citizens and public officials in promptly obtaining assistance to which they are entitled.

(f) Emergency assistance. If the President determines that a major disaster or an emergency exists, he is authorized to use all resources of the Federal Government to avert the disaster or lessen its effects. Division Engineers will be fully responsive to FDAA directives or requests for emergency assistance.

(g) FDAA-Corps relationships. Section 302, Pub. L. 93-288, authorizes the President to coordinate the activities of Federal agencies in order to provide maximum mobilization of the available Federal assistance. It also authorizes directing a Federal agency to utilize its available resources in disaster assistance, with or without reimbursement. These section 302 provisions have been delegated to the FDAA Regional Directors. Under those terms, Division Engineers may accept mission assignments, or work directives, from FDAA Regional Directors. Actions taken to manage the mission will be in accordance with existing policies, procedures, authorities, and available resources. Administration and management of Corps personnel, resources, and equipment is the responsibility of the Division. Missions from FDAA during emergency situations are beyond the Corps statutory authority and a mission assignment under Pub. L. 93-288 is required to conduct operations.

§ 203.92 Administrative support of FDAA.

(a) Emergency support teams. Regional Directors are authorized to form emergency support teams of Federal personnel to assist in carrying out disaster assistance missions. Team members may be assigned to the field offices, or may be assigned to assist State or local governments in obtaining Federal assistance. Even before a major disaster declaration, the FDAA Regional Director may contact rele

vant Federal agencies and indicate requirements for members of emergency support teams. In coordination with FDAA Regional Directors, Divisions will designate personnel for assignment to emergency support teams. During pre-disaster threat phase, designated personnel will be alerted for pre-positioning when requested by FDAA to expedite their availability in a major disaster area. Reimbursement by the FDAA for emergency support teams members will be as outlined in ER 11-2-320.

(b) Corps disaster field office. Corps disaster field offices estaablished to support Pub. L. 93-288 operations should be close to or collocated with FDAA disaster field headquarters. The same facilities and communications may be utilized. This policy should not over-ride the principle of location close to the disaster area.

(c) FDAA Regional Disaster Assistance Plans. When requested by Regional Directors, Corps Managers will participate in the formulation of appropriate sections of the FDAA Regional Disaster Assistance Plans.

(d) Preliminary assessments. Regional Directors may assign responsibilities for preliminary damage assessments to Federal agencies by categories of damage most relevant to the agencies' activities. Preliminary field assessments are made for any disaster for which the Governor of a State requests the declaration of a major disaster or emergency. Expenses incurred in providing preliminary field assessments not warranting a declaration are chargeable to FDAA when requested by FDAA.

(e) Funding. FDAA directives or requests will be treated as "Reimbursable Work Orders". Refer to ER 11-2320 for guidance on funding and reimbursement procedures.

§ 203.93 FDAA directives to Federal Agencies.

(a) Nature of Directive. FDAA Directives or Letters of Request, to Federal agencies specify in general terms the nature and scope of disaster assistance to be provided. Letters of request are supplemented as necessary. FDAA work requests will consist of items eli

gible under Pub. L. 93-288 in categories designated A through I (HUD Handbook 3300.6). Projects resulting from such FDAA work requests are reviewed with consideration of the interrelated statutory authorities of the Corps of Engineers and other Federal agencies. FDAA directives are framed accordingly, to provide for only supplementary Federal assistance determined by FDAA to be eligible under Pub. L. 93-288.

(b) Issuance and channeling. A directive may initially be issued either orally or in writing. An oral directive must be confirmed by a Letter of Request. The Administrator of FDAA submits requests to the Chief of Engineers; FDAA Regional Directors submit requests to Division Engineers. Notification of receipt of any oral request, and an information copy of each letter request and supplements thereto, will be furnished to HQDA (DAEN-CWO-E).

§ 203.94 Responsive action by the Corps.

(a) Request to the Corps. Action will be initiated immediately following receipt of valid FDAA directives, whether written or oral. Work will be accomplished in conformance with the FDAA general guidance and directives as well as directives issued pertinent to a specific program of disaster assistance. Consideration will be given to the interrelated statutory authorities of the Corp.

(b) Support of other Federal agency missions. Corps resources may be utilized in support of disaster recovery operations assigned by FDAA to other Federal agencies. Written directives which outline the desired support are required from the requesting Federal agency.

(c) Disaster Operations Coordinator. During major Pub. L. 93-288 operations involving a disaster declaration covering more than one district area within a Division and State, a COE Disaster Operations Coordinator (DOC) will be appointed by the Division Engineer as he determines necessary, and as may be requested by the Regional Director. The DOC will serve as the liaison officer between the COE, FDAA and other agencies. If the

declaration covers areas of more than one division within the State, determining the need for and appointing a DOC will be by mutual agreement of the Division Engineers.

(1) When a large disaster requires declarations in more than one State and more than one FCO has been appointed, a separate DOC will be appointed, if required by the situation, for liaison with each FCO. The DOC will make contact with the FCO and be prepared to be the COE point of contact or liaison officer as required.

(2) The DOC will coordinate all Corps requests for military assistance with the appointed DOD Military Representative. Part 502 now provides that the CONUSA Commander appoint a single DOD Military Representative when a major disaster has been declared. The DOD Military Representative is to coordinate all requests, including those from the Corps, for military assistance. The regulation states that a separate DOD Military Representative will be appointed for each major disaster declaration. Similarly, when requested by the Regional Director a DOD Military Representative may be appointed when an emergency is declared by the President.

(3) In exceptional cases, OCE may designate a Division Engineer to be in overall charge of the COE disaster operation.

(b) Maintenance. Provision of a State or local maintenance assurance is not a mandatory prerequisite to Pub. L. 93-288 work accomplishment. The District or Division Engineer may notify local authorities by letter of the completion date and termination of Corps activity on major projects. The letter should include, as applicable and appropriate, advice as to the further maintenance and improvement, or replacement required in the interest of public safety.

(c) Records. Permanent file maps, drawings, and other records of public facility repair or replacement and protective work accomplished, which may be of use for possible future Civil Works or FDAA activities, will be retained.

§ 203.97 State or local Government funds.

In the accomplishment of FDAA directed work such as debris removal and repair and restoration of public facilities, the Corps is authorized to accept funds contributed by States or local governments for the inclusion of betterments in work underway. Grants-in-aid, paid to States or local governments by the FDAA for planned accomplishment of recovery work items cannot be accepted by the Corps for undertaking that work at a later date.

§ 203.98 Government liability.

Pub. L. 93-288 includes a specific provision to the effect that the Federal Government shall not be liable for claims based on actions or omitted actions by a Federal employee or agency in providing Federal assistance under Pub. L. 93-288 authority. District Engineers should obtain a copy of the blanket "Hold and Save Harmless" resolution as signed by the public entities before undertaking any construction activities by FDAA or by the Corps directed by a FDAA mission assignment. A sample resolution is contained in Appendix 16 of HUD Handbook 3300.5.

§ 203.99 Final inspection of work by appli

cants.

The State agency designated by the Governor's Authorized Representative

will notify the district when work in a category has been completed. The State agency and district personnel will then schedule a final inspection of completed work normally within 15 days. The Corps inspector will decide who is to make the final inspection but a joint Federal-State final inspection is strongly preferred. If State personnel make the final inspection alone, the Corps is responsible to the FDAA for reviewing the State report, and for its adequacy. The results of the final inspection will be reported on D/HUD form 485. Each COE inspector should review the HUD/FDAA Eligibility Handbook 3300.6 (REV), § 203.84 on pages 7-2 thru 7-5, before taking any actions related to such final inspections.

Subpart I-Procurement During Emergencies

§ 203.101 Administration.

(a) General. Nothing in this chapter is to be interpreted as authority to ignore regulatory requirements during periods of emergency. Normal administrative requirements are secondary to expeditious accomplishment of disaster operations when saving time is essential for public health, safety, and preservation of life and property. It is the contracting officers responsibility to insure that required documentation be completed at the earliest practicable time. Accordingly, it is essential that qualified procurement personnel be assigned to the "Corps Team." As necessary therefor, authority and responsibility will be delegated to the maximum and temporary variations from normal command and communication channels will be permitted. The contracting officer must have funds at his disposal to place his procurements rapidly. Control of the funds is essential, but should be at minimum consistent with the emergency.

(b) Procurement procedures. Emergency disaster operations will be accomplished using the most appropriate of the various procurement methods authorized. Normal procurement procedures may have to be modified in order to accomplish urgent work promptly. Experience has shown that

competitive advertising of emergency work can be compressed into a matter of hours and is a successful method of procurement during emergencies. Negotiated lump-sum and unit price procurement will be used to the extent that the nature of the work and time available will not permit formal advertising. Every advantage will be taken of special and emergency procedures in order to minimize serious delay of urgent operations or the procurement of vital equipment supplies. When time does not permit even modified procedures, immediate authorization to proceed on urgent work pursuant to a letter contract, paragraph (f) of this section may be used.

(c) Contract negotiation. Negotiation of Contracts in connection with work covered by this regulation is authorized subject to the restrictions below, without limitation to type, if formal advertising is impractical. Usually the "public exigency" exception under 10 U.S.C. 2304(a)(2) is applicable but on occasion, one of the other exceptions may be appropriate. If required by the exception, a Determinations and Findings meeting the requirements of Part 3, section III, ASPR, must be executed by the Contracting Officer as a prerequisite to each contract negotiation.

(d) Cost Plus a Percentage of Cost Contracts. This type of contracting is prohibited by law (10 U.S.C. 2306).

(e) Cost Plus Fixed Fee Contracts (CPFF). Except in extraordinary cases, prior approval for use of CPFF contracts under Pub. L. 84-99 and Pub. L. 93-288 shall be obtained from an authority no less than the Deputy Director of Civil Works. The FDAA Regional Director must also approve any CPFF Contracts under Pub. L. 93-288. If the circumstances so dictate, approval action may be effected by telephone with written confirmation following. The contract file shall reflect the means of and person(s) granting such approval.

(f) Letter Contracts. Urgent work may be commenced immediately by letter contract under the conditions set out in ASPR 3-408. Prior OCE approval is required if the contracted

amount exceeds 50 percent of the estimated definitive contract.

(g) Bid, Performance and Payment Bonds. ASPR, Section 10, requires bid, performance, and payment bonds in connection with construction contracts exceeding $2,000 (Miller Act). There is no exception to the law for construction contracts even though performed during emergencies pursuant to this regulation. Disaster recovery operations, however, are ordinarily accomplished under service type contracts for which bid, performance, and payment bonds are not required, although Contracting Officers may require bonds if deemed necessary. The policy is that bid, performance, and payment bonds will ordinarily be required for disaster operations except that a bid bond requirement during initial recovery effort may work a hardship on bidders and the Contracting Officer should consider this possibility.

§ 203.102 Use of local firms and individuals.

Section 310 of the Disaster Relief Act of 1974 (Pub. L. 93-288) provides in part that, "In the expenditure of Federal funds * * * preference shall be given, to the extent feasible and practicable, to those organizations, firms and individuals who reside or do business primarily in the disaster area." This provision applies to work for and directed by the FDAA, but may be considered also in Pub. L. 84-99 situations if appropriate. During the immediate post disaster operations, contracts for the most urgent requirements will ordinarily be awarded under the negotiation procedures, including letter contracts. In selecting contractors, or distributing requests for proposals, first consideration must be given to those provided preference under the Disaster Act. When negotiation procedures are employed, local contractors can be afforded preference by being permitted to reduce their offers to meet the low proposal, provided that their original offer does not exceed 130 percent of the low proposal. The request for proposals will advise all offerers of the requirement

for favoring local firms and individuals.

(a) Performance of work by contractor. To assure adequate interest in, and supervision of the entire project, the prime contractor shall be required to perform a significant part of the work with his own forces as determined adequate by the Contracting Officer, but not less than 20 percent. The following clause will be included in the contract:

Performance of Work by Contractor (1965 JAN). The Contractor shall perform with his own organization, work equivalent to at least (words) percent

(figures) of the total amount of work to be performed under the contract. If, during the progress of the work hereunder, the Contractor requests a reduction in such percentage, and the Contracting Officer determines that it would be to the Government's advantage, the percentage of the work required to be performed by the Contractor may be reduced; Provided, Written approval of such reduction is obtained by the Contractor from the Contracting Officer (ASPR 7-603.15).

(b) Local labor preference. All prime contracts awarded, including letter contracts, will include the following clause:

Local Labor Preference. In the performance of work included in the contract, the contractor shall, in procurement of supplies and equipment, awarding subcontracts, and in the employment of laborers and mechanics, give first priority to those residing in or doing business in (▬▬▬▬▬) County(ies). This clause shall be included in all prime contracts offering substantial subcontracting opportunities when there are indications of a high rate of local unemployment (Part 203).

(c) Subsequent contracting. Contracts awarded in the later phases of the operation for work such as major rehabilitation of levees, streets, sewage treatment systems, or for new construction, should be awarded under standard procedures. The clauses prescribed above should, however, be included in all prime contracts offering substantial subcontracting opportunities when there are indications of a high rate of local unemployment.