Section 1 Short title
This Act may be cited as the “North Rim Restoration Act”.
North Rim Restoration Act
AN ACT
To authorize direct emergency acquisition flexibilities for the National Park Service for the purpose of retaining, vetting, approving, and expediting contractor approval for the clearing, rebuilding, maintenance, and improvement of the Grand Canyon grounds that have been impacted by the Dragon Bravo Fire.
Sec. 2 Definitions
Sec. 3 Emergency contracting authority
In general— Notwithstanding any requirement for a Presidential emergency or disaster declaration, the Secretary is authorized to use the emergency acquisition flexibilities under part 18 of title 48, Code of Federal Regulations (and any successor regulations), including the increased micro-purchase thresholds, simplified acquisition thresholds, and other higher-level emergency flexibilities, in contracting for the following services within the covered area:
Forest management or restoration activities carried out in response to the Dragon Bravo Fire.
Rebuilding, planning, development, and design of structures affected by the Dragon Bravo Fire.
Improvements to the grounds and structures.
Recovery efforts.
Any activity listed in section 4(a).
Process for other services— Unless otherwise provided by law or regulation, the authority granted under subsection (a) does not apply to contracts for services other than those described in paragraphs (1) through (4) of subsection (a).
Report— Not later than 180 days after the Secretary begins to use the authorization under subsection (a), and every 180 days thereafter until the date that is 180 days after the date described in subsection (e), the Secretary shall submit to the Committees on Natural Resources and Oversight and Government Reform of the House of Representatives and the Committees on Energy and Natural Resources and Homeland Security and Governmental Affairs of the Senate a report on all expenditures related to the recovery efforts for the Dragon Bravo Fire, including the following:
The expected cost of recovery efforts.
Cost expenditures.
Cost overruns.
Identification of contractors preforming the work associated with the recovery from the Dragon Bravo Fire.
Any affiliations or conflicts of interest between the contractor and the contracting office at the Grand Canyon National Park or the National Park Service.
Any waste, fraud, or abuse detected during the recovery efforts.
Any contracts that came in under expected expenses.
An estimated time of completion for all projects and full recovery efforts related to the Dragon Bravo Fire.
If an extension is needed for this authority to complete projects associated with the Dragon Bravo Fire.
Extension— If, after the date of the enactment of this Act, a new wildfire ignites within the covered area and impacts recovery efforts related to the Dragon Bravo Fire, the Secretary may request a 12-month extension of the authority granted under subsection (a), subject to congressional approval.
Expiration— The authority granted under subsection (a) shall expire on the date that is the earlier of the following:
7 years after the date of the enactment of this Act.
The date on which projects and recovery efforts within the covered area are completed, as determined by the Secretary.
Sec. 4 Limited sole-source procurement authority
In general— Notwithstanding chapter 33 of title 41, United States Code, or any other provision of law relating to the use of competitive procedures for the procurement of services, supplies, or construction materials and services, subject to a determination made by the Secretary under subsection (b), the Secretary may enter into one or more contracts, on a noncompetitive basis, for the planning, design, repair, construction, reconstruction, rehabilitation, stabilization, replacement, or operation of assets supporting the recovery and reopening of the Grand Canyon National Park North Rim, including—
employee housing and related facilities;
water, wastewater, power, communications, and other utility systems;
visitor-facing facilities and infrastructure, including lodging, food service, retail, transportation, and associated public-use facilities; and
maintenance, administration, and other back-of-house assets necessary for safe and continuous operation of North Rim services.
Determination required— The Secretary may utilize the authority provided in subsection (a) if the Secretary determines, in writing, that—
the concessioner currently holding a valid concession contract for operations at the North Rim of Grand Canyon National Park on the date of enactment of this Act is uniquely positioned to execute one or more procurement contracts identified under subsection (a) due to the concessioner’s current operational responsibilities, site access, integration with existing concession infrastructure, or continuity needs essential to expedited North Rim recovery; and
use of noncompetitive procedures under subsection (a) with this concessioner is necessary to ensure public health and safety, protection of park resources, or continuity of essential services.
Expiration— The authority granted under subsection (a) shall expire on the date that is 7 years after the date of enactment of this Act.
Relationship to existing concession contract— Any procurement action conducted or contract awarded under this section shall be considered separate from, and shall not modify, amend, or extend the duration of, or provide any leasehold surrender interest or other benefit, under a concession contract issued under section 101913 of title 54, United States Code, or related authorities.
Rule of construction— Nothing in this section shall be construed to—
authorize the award of any concession contract or lease without full compliance with applicable concession contracting law; or
prevent the Secretary from using competitive procedures if the Secretary determines such procedures to be in the best interest of the United States.