18.203
Emergency declaration or major disaster declaration
During presidentially declared disasters or emergencies, contracting officers must prioritize local businesses for assistance contracts and may waive U.S.-flag vessel requirements for ocean transport.
Overview
FAR 18.203 outlines special contracting preferences and flexibilities that apply when the President declares a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The regulation requires contracting officers to give preference to local organizations, firms, and individuals for disaster or emergency assistance contracts. This preference can be implemented through local area set-asides or by providing an evaluation preference during the source selection process. Additionally, in emergency situations, the requirement to use U.S.-flag vessels for ocean transportation under the Cargo Preference Act of 1954 may be waived to expedite response efforts.
Key Rules
- Local Preference in Disaster/Emergency Contracts
- Contracting officers must prioritize local businesses and individuals for contracts related to disaster or emergency assistance when a presidential declaration is in effect.
- Waiver of Cargo Preference Act
- The requirement to use U.S.-flag vessels for ocean transportation may be waived in emergencies to facilitate rapid response.
Responsibilities
- Contracting Officers: Must implement local preferences and consider set-asides or evaluation preferences; may waive U.S.-flag vessel requirements in emergencies.
- Contractors: Should be aware of local preference opportunities and potential waivers for transportation requirements.
- Agencies: Ensure compliance with preference and waiver provisions and document decisions accordingly.
Practical Implications
- This section exists to speed up and localize disaster response contracting, supporting affected communities and enabling faster mobilization of resources.
- Contractors should monitor for local set-aside opportunities and be prepared for expedited processes and possible waivers of standard requirements during emergencies.
- Common pitfalls include failing to apply local preferences or not documenting waivers properly.