Federal Acquisition Service U.S. General Services Administration Tricia Reed Disaster Recovery Purchasing GSA Federal Acquisition Service May 2007

Federal Acquisition Service 2 Disaster Recovery Purchasing Legislation  Section 833 FY07 Defense Authorization Act authorizes GSA to allow State and local governments access to the GSA Multiple Award Schedules to purchase products and services to be used to facilitate recovery from a major disaster, terrorism or nuclear, biological, chemical, or radiological attack.  Interim Rule published February 2, 2007  Comments Period closed April 2, 2007

Federal Acquisition Service 3  “ State and local government entities,” means;  the states of the United States,  counties, municipalities, cities, towns, townships,  tribal governments, public authorities (including public or Indian housing agencies under the United States Housing Act of 1937),  school districts, colleges and other institutions of higher education, council of governments (incorporated or not),  regional or interstate government entities,  or any agency or instrumentality of the preceding entities (including any local educational agency or institution of higher education), and including legislative and judicial departments.  The term does not include contractors of, or grantees of, State or local governments. Eligibility

Federal Acquisition Service 4 Scope and Purpose  All GSA Federal Supply Schedule contracts are open to state and local government agencies for the specific purpose of disaster recovery only. The Disaster Recovery Purchasing authority is limited to GSA Schedule contracts and does not include any other GSA programs. Schedules e-Library contains a list of all GSA Schedules subject to Disaster Recovery Purchasing.  State and local government entities may use GSA Schedule contracts to purchase products and services in advance of a major disaster declared by the President, as well as in the aftermath of an emergency event. State and local government entities are responsible for ensuring that the products or services purchased are to be used to facilitate recovery.

Federal Acquisition Service 5 Qualifying Events  Major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §5121 et seq.)  Act of terrorism, or nuclear, biological, chemical, or radiological attack

Federal Acquisition Service 6 Definition of Disaster  Major disaster: Any natural catastrophe (including any hurricane, tornado, storm, high water, winddriven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought), or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which in the determination of the President causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121 et seq., to supplement the efforts and available resources of States, local governments, and disaster relief organizations in alleviating the damage, loss, hardship, or suffering caused thereby.

Federal Acquisition Service 7 Number of Declarations Per Calendar Year since 1998

Federal Acquisition Service 8 Voluntary Program Use  Participation in the Disaster Recovery Purchasing Program is voluntary.  State and local government can choose to participate or not.  Vendor community can choose to participate on two levels: –Schedule contract level –Order level

Federal Acquisition Service 9 Industrial Funding Fee  The price of supplies and services available to State/Local entities will include the industrial funding fee (IFF) to cover the administrative costs incurred to operate the schedules program.

Federal Acquisition Service 10 Additional Reporting Requirements  No additional reporting requirements are in place at this time  GSA anticipates need to collect data regarding Disaster Recovery Purchasing  Comment Date:  Interested parties were asked to submit comments in writing to the Regulatory Secretariat on or before April 2, Those comments will be considered in the formulation of a final rule.

Federal Acquisition Service 11 E-library updates  Disaster Recovery Purchasing Section 833 of the National Defense Authorization Act gives State and Local Governments the ability to purchase products and services to facilitate the recovery of a major disaster declared by the President or to facilitate recovery from terrorism or a nuclear, biological, chemical, or radiological attack. Click on "View participating vendors" to find authorized vendors.  NOTE: Vendors will begin to appear once the interim rule is published and vendors have agreed to support State and Local Governments under Section 833.  The Disaster Recovery icon will display for vendors if they are authorized to sell disaster recovery products and services to State and Local Governments.

Federal Acquisition Service 12 GSA E-library

Federal Acquisition Service 13 Schedule contract exceptions  Prompt Payment  Disputes  Patent Indemnity Clause  Commercial Item Contract Terms and Conditions Unique to the Federal Government

Federal Acquisition Service 14 State and local preference program  State and Local preference programs are not waived or otherwise affected

Federal Acquisition Service 15  Direct Vendor/Customer Relationship  Purchase Card  Blanket Purchase Agreements  Teaming  Price Reductions/Discounts  Maximum Ordering Provisions Schedule Features

Federal Acquisition Service 16 Why Should State and Local Governments use GSA?  Fair & Reasonable Prices and Greater Discounts for Large Buys  Low Administrative Costs  Huge Selection and Availability  Standardization and interoperability  Reduces contract redundancies for the same items needed at different level

Federal Acquisition Service 17 A Few Frequently Asked Questions Q:Can this program be used for past disasters like Katrina? A:If FEMA has not closed out the disaster (the FEMA website has a list), any purchases for recovery would be proper. Q:Is this a pilot or temporary program? A:No. Section 833 amended 40 U.S.C. 502, therefore, the change is permanent unless repealed by statute. Q:How is purchasing approved by GSA? A:State or local governments are responsible for ensuring that purchased products or services are to be used to facilitate recovery from an eligible disaster.

Federal Acquisition Service 18 How to Modify Your GSA Schedule?  Go to  Click on Contract Administration  Scroll down to Modifications and then Mass Modifications  Click on “Recovery Purchasing” and follow instructions  Modification up on VSC website until February 2008

Federal Acquisition Service 19 GSA Disaster Recovery website

Federal Acquisition Service 20 For Additional Information  Please go to: OR  Contact Tricia Reed