(d) Disaster area. The disaster area is considered to be that area and its environs affected by the disaster and as designated by the Administrator, FDAA and published in the FEDERAL REGISTER.

§ 203.103 Contracting officers.

(a) Appointment. Authority to appoint Contracting Officers has been delegated no lower than Division Engineers. As a minimum, qualification criteria for Emergency Contracting Officers shall be the same as for Resident Contracting Officers. Pre-planning for emergencies will include the selection of individuals occupying or to occupy positions in which contracting authority would be essential in case of domestic emergency. The contracting authority of such individuals becomes effective only upon the happening of a certain event creating emergency conditions requiring expedited action. Replacement action will be taken promptly when selected individuals become unavailable.

(b) Requests. Appointment requests will be made to cognizant Division Engineers for appointment of the selected individuals as Contracting Officers as provided by ECI 1-405(2). Request will state that the contracting authority is for obtaining supplies and services, indicating any exclusions desired, and monetary limitation. A complete summary of the individual's experience and training will be furnished, as outlined in paragraph 500, Appendix A, ER 1180-1-1. The request will include who is to notify the individual that his special contracting authority is being activated, the means of notification, and the basis for activating the special authority.

(c) Certificate of appointment. The certificate will state that such contracting authority will not be exercised by the individual until he is notified by the specified official (usually the District Engineer) and by the specified means, that such emergency authority has been made effective. Copies of all such notifications will be furnished to HQDA (DAEN-ECP) Washington, D.C. 20314, and when the authority reverts to a "stand-by" basis.

(d) Temporary loan. A division or district engineer desiring the temporary services of a conditional contracting officer from another office will request that his appointment, activation, and cessation will apply.

§ 203.104 Contracting procedures.

(a) General. Policies, procedures, and forms to be utilized will be as prescribed in the Armed Services procurement regulation (ASPR), Army procurement procedure (APP), engineer contract instructions (ECI) identified as ER 1180-1-1, and the provisions of this regulation. Emergency local reproduction of contract forms, as necessary, is authorized. The type and method of contracting will be consistent with circumstances and the nature of the emergency involved. Normally, debris removal is done by the cubic yard rather than equipment rental. The appropriate contract type for such work is found in ASPR, section IV, Part 5. The format is entitled "Contract for Dismantling, Demolition, or Removal of Improvements.” However, the alternate format excluding the last two words of the title "of improvements” and adding a payment bond provision (2 pages-cover and page 1) as prepared and distributed by ORD for use in wreck removals is appropriate for this purpose. Of course, the regular titled cover sheet is for use where the demolition or removal of an improvement is involved.

(b) Rental rates. Where contracts covering work such as clearing, demolition, etc., involve the hire of equipment, with or without operating personnel, the rental rates agreed upon should be the most reasonable obtainable under the circumstances. In addition, a knowledge of local equipment rental practices and current District records should be used to assist in determining reasonable rates. Reminder: DD Form 1155 (Purchase Order) may be used in lieu of the long form contract (ECI A-301) for a procurement action to lease plant or equipment that does not exceed $10,000 per ECI A-301.1(i).

(c) Debarred Bidders List. In addition to insuring that a contract is not awarded to a firm or individual ap

(a) Federal property used in major disaster (Pub. L. 93-288). The FDAA regional director verifies the need, and certifies to the General Services Administration the eligibility of a State to receive Federal property for purposes authorized by Pub. L. 93-288. He determines the amount and type of equipment, material, and supplies required. The GSA Administrator, as directed by the FDAA regional director, locates and determines Federal property available for authorized requirements. When requested by GSA, the available quantities of the desired Federal property, including property in current inventory or property declared to be excess or surplus, held by the Corps civil works or military accounts not required for current needs of the Corps, and reasonably usable for disaster purposes, will be reported to GSA. Loan or donation of Federal property will be in accordance with GSA procedures, and under conditions stipulated in a "Loan or Donation of Federal Property" agreement between the State, FDAA regional director, and GSA regional administrator. Arrangements for loan or donation will be made by the GSA regional administrator in the following priority order: Surplus property; excess property; and active stocks. Accountability of donated items will be transferred to the State, but will be retained for loaned property.

(b) Priority of use. Surplus, excess property, and active stocks will be utilized, preferably in the order listed, in any disaster program when requested

by the GSA regional administrator at FDAA direction, or when required for disaster programs accomplished independently by the Corps of Engineers under its authority. The controlling factor will be the urgency of need for the requested or required items.

(c) Reimbursement and disposition procedures. Required reimbursement for Corps supplies and equipment made available for disaster programs will, as appropriate, be accomplished in accordance with the provision of ER 775-2-1, ER 1125-2-305, Part 502, and this regulation. Wherever in the above regulations reference is made to working capital funds, this term will be considered to also include civil works emergency supplies and equipment owned by the revolving fund. The disposition procedures are also covered in those references.

(d) Stock owned by Project "Disaster Preparedness". Adequate stocks will be provided for special flood emergency requirements. Stock levels will consider that some items are readily purchaseable. Surplus items of any supplies and equipment acquired during a specific flood emergency, with Pub. L. 8499 funds, may be transferred to project stock by memorandum. Flood fighting stocks will be limited to items required solely from flood fighting and rescue work. Common use items will be held to a minimum. Separate flood emergency reserve stocks will not be established for like items already in warehouse inventory accounts maintained primarily in support of civil works normal missions. Civil works supply policies and procedures set forth in ER 701-300, "Administration and Supervision of Civil Works Procurement and Supply Activities," ER 740-2-1, "Warehousing and Utilization," and ER 1180-1-1 "Engineer Contract Instruction," will be adhered to.

(e) Stock control. The adequacy of flood emergency reserve stocks will be reviewed at periodic intervals and adjusted upward or downward as dictated by prudent supply practices. Particular attention should be given to the use or transfer of items in danger of deterioration. If usable, such items or excess stocks will be freely offered and

made available on a non-reimbursable basis to other districts.

such

(f) Storage charges. An equitable charge will be made for space used for "Disaster Preparedness" supplies and equipment unless the stored items occupy less than 25 percent of the gross storage space at the facility. In that event there will be no charge. However, appropriate charges may be made for loading, unloading, checking, sorting, placing in storage, withdrawal, preservation, packaging (time and material) inventory, and special activities totalling $100 annually each.

(g) Property accountability. Property accounting procedures established for accountability of property during emergency disaster operations must insure sufficient control to protect the Government against negligence and waste.

(h) Loan of DLA stock fund material. Defense Logistics Agency stock of non-expendable equipment and supplies may be loaned to the Corps of Engineers for support of emergency mission. Loans will be made on the basis of material available in the system stocks. No procurement will be make by DLA to satisfy a loan request. Loan conditions are set forth in AR 700-49.

(i) Forms. Procurement related forms usually necessary for field operations are listed below. Sets of these forms and any other required locally, should be assembled, stored, and prominently marked so as to be readily available for the initial days of field operations. For locally reproduced forms, only master sets should be stored. All stored forms will be checked for currency no less than annually.

FORMS FOR PROCUREMENT AND RELATED MATTERS

§ 203.111 Public affairs policy.

(a) The basic policy of the Corps of Engineers is to let the American people, and especially the vicitms of disaster, know what assistance the Corps is providing during and after a natural or man-made disaster.

(b) The Corps of Engineers will take the initiative to inform the public of Corps activities, its authority, and its plan of emergency operations.

(c) Every reasonable form of assistance will be given to the news media in obtaining and disseminating information about Corps of Engineers activities during an emergency.

§ 203.112 Objectives.

(a) To provide a clear description of the Corps' role in supporting rescue, clean-up, or reconstruction work either under the provisions of Pub. L. 84-99 or as an agent for FDAA.

(b) To provide assistance to FDAA. (c) To establish and maintain close coordination between the Corps of Engineers and the respective Federal, State, local, and other concerned agencies.

(d) To insure the public understands that the Corps of Engineers is taking all necessary action within its authori

ty to protect the public welfare and safety during emergency operations.

§ 203.113 Staffing.

During an emergency, it may be necessary to augment the regular district or division public affairs staff with public affairs officers (PAO) from other districts or divisions. If the division cannot provide sufficient manpower, OCE Public Affairs Office should be contacted to arrange for additional help from other divisions.

§ 203.114 Operating guidelines.

(a) Primary responsibility for keeping the public informed on Corps emergency operations lies at the district level. Assistance will be provided by the PAO in the division or OCE when required.

(b) The district PAO or his representative will maintain close liaison with the EOC, accepting all news media contacts and coordinating and releasing current information on the disaster recovery operation. Regular hours should be established for press conferences, when appropriate, taking into account the respective deadlines of a.m. and p.m. newspapers and radio/television newscasts. The PAO also must evaluate the news value of field reports and select and prepare these items for release, i.e., written release, telephone release, personal interview.

(c) In addition, one or more public affairs representatives will be assigned full-time at the scene of recovery operations. It will be this representative's responsibility to coordinate and release on-the-scene information and to maintain close contact with the FDAA information officer and information officers of the various agencies and organizations providing disaster relief in the area.

(d) Area engineers and other field personnel authorized to release statements to the news media should confine their statements to activities within their jurisdiction. Requests for information outside their jurisdiction should be referred to the public affairs representative assigned in support of the operation.

(e) Release of information concerning emergency operations being performed under Pub. L. 93-288 will be coordinated with the FDAA's public information officer.

(f) The PAO will provide appropriate input to the post flood report outlined in § 203.44(g).

(g) To assist the Corps team in achieving optimum visibility during emergency operations, the PAO will place emphasis on identification of Corps operations as prescribed in § 203.43(i).

(h) Still and motion picture photographic coverage of recovery operations for both historical record and media use, should be collected under staff supervision of the public affairs representative and made available to the news media as soon as possible. This coverage includes 8 x 10 black and white glossy photographs and 35 mm slides, as well as motion picture footage for TV use. Determination as to whether or not motion picture footage will be assembled and produced as a documentary film will be made by the affected division after consultation with DAEN-CWO-E and approval by DAEN-PAI (App. D, ER 360-1-1). While use of Corps staff photographers is preferred, purchase of photographic coverage, including contracting for photographic services, is permitted. To augment the regular district photographic unit, the division should contact OCE Public Affairs Office to arrange for additional photographers from other divisions.

(i) Video tape equipment from the EOM office of each division will be used to provide rapidly televised reports to OCE and Members of Congress. Videotapes will be expeditiously forwarded to DAEN-CWO-E, and when necessary, special messenger service should be used. If the videotaping capability permits, and if the Corps equipment is compatible with that in use by the news media, the PAO may also use videotapes in disseminating information on the emergency operations effort.

(j) The district PAO will forward local and regional newsclaps covering the disaster and Corps activities directly to OCE Public Affairs (Attn.:

DAEN-PAI) on a daily basis along with copaes of any written news releases or brief summaries of verbal news releases.

§ 203.115 Coordination.

(a) District elements must inform the PAO or his representative of newsworthy items promptly to permit rapid transmission to the news media.

(b) Public Affairs Officers in adjacent districts should be alert for opportunities to issue collateral news releases connected with the emergency, in coordination with the District primarily affected.

(c) Whenever more than one district is directly involved in the recovery effort direct communication will be established between public affairs personnel of affected districts. Information should be exchanged on a regular basis and when appropriate a central point of contact will be established for coordinating general news media inquiries. Normally, this point of contact will be the District with the largest recovery effort, although consideration should be given to the location offering the greatest availability to news media outlets (especially the wire service bureaus).

Subpart K-Preservation of Order

§ 203.121 Preservation of order policy.

The Corps of Engineers preservation of order policy in areas of flood, hurricane, earthquake, and other natural disaster or other emergency action is to depend upon duly constituted authority for the control of personnel circulation and vehicular traffic and the maintenance of law and order.

§ 203.122 Preservation of order program.

(a) Staffing. The Corps of Engineers Provost Marshal/Security Officer organization at OCE, divisions, and districts will coordinate activities related to the preservation of order in a distressed area.

(b) Operations. The Engineer Division Provost Marshal will act as the coordinator between the Corps and law enforcement authorities in the area to guarantee the security of Government property and unimpeded de

204.30 Chesapeake Bay; United States Army Proving Ground Reservation, Aberdeen, Md.

204.32 Chesapeake Bay, in the vicinity of Chesapeake Beach, Md.; firing range, Naval Research Laboratory.

204.36 Chesapeake Bay, in vicinity of Bloodsworth Island, Md.; shore bombardment, air bombing, air strafing, and rocket firing area, U.S. Navy. 204.40 Potomac River.

204.41 Potomac River, Mattawoman Creek and Chicamuxen Creek; U.S. Naval Propellant Plant, Indian Head, Md. 204.42 Chesapeake Bay, Point Lookout to Cedar Point; aerial firing range and

target areas, U.S. Naval Air Test Center, Patuxent River, Md.

204.44 Chesapeake Bay, in vicinity of Tangier Island; Naval guided missiles test operations area.

204.46 Chesapeake Bay, South of Tangier Island, Virginia; naval firing range. 204.48 Atlantic Ocean and connecting waters in vicinity of Myrtle Island, Va.; Air Force practice bombing, rocket firing, and gunnery range.

204.49 Chesapeake Bay off Plumtree Island, Hampton, Va.; Air Force precision test area.

204.49a Chesapeake Bay off Fort Monroe, Va.; firing range danger zone.