33 U.S.C. § 2203 | Review of contracting policies

(a)

Review of contractual agreements

(1)

In general

December 27, 2020Not later than 180 days after , the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.

(2)

Report

Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes—

(A)

a summary of the results of the review; and

(B)

public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.

(3)

Provision of guidance

The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests.

(b)

Sense of Congress

section 5170 of title 42It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under .

Pub. L. 116–260, div. AA, title I, § 136Dec. 27, 2020134 Stat. 2649(, , .)

Editorial Notes

Codification

Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

Statutory Notes and Related Subsidiaries

“Secretary” Defined

section 2 of div. AA of Pub. L. 116–260 section 2201 of this titleSecretary means the Secretary of the Army, see , set out as a note under .