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Intents and Outcomes for Local Businesses in Post-Disaster Contracting under the Stafford Act
Book chapter

Intents and Outcomes for Local Businesses in Post-Disaster Contracting under the Stafford Act

Christopher L Atkinson
The Future of Disaster Management in the U.S: Rethinking Legislation, Policy, and Finance
ASPA Series in Public Administration and Public Policy, Routledge
12/08/2016

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Abstract

The Robert T. Stafford Disaster Relief and Emergency Assistance Act (U.S.P.L. 100-707) of 1988 is the major law governing federally assisted disaster-related contracting in the U.S. The Act includes a stated preference in federally assisted post-disaster contracting expenditures “to the extent feasible and practicable… [for] those organizations, firms, and individuals residing or doing business primarily in the area affected by such major disaster or emergency” (42 USC §5150(a)(1)). The Act also allows for setaside of contracts within a geographic area, and requires justification for contracts made outside the affected area. Concomitantly, in federal procurement the principle of full and open competition is a general directive, from executive agencies to grant-funded projects to state and local governments; this fundamental concept can work even in instances where other compelling government interest intervenes, as it does in the Act’s preference language.

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