Subpart 26.2
Major Disaster or Emergency Assistance Activities
FAR Subpart 26.2 requires agencies to prioritize local firms for disaster or emergency contracts and mandates documentation and use of the Disaster Response Registry to ensure compliance and support local economies.
Overview
FAR Subpart 26.2 establishes requirements and procedures for federal contracting in support of major disaster or emergency assistance activities, as defined by the Robert T. Stafford Disaster Relief and Emergency Assistance Act. This subpart outlines preferences for local area firms, transition of work protocols, justification requirements for contracting with non-local firms, use of the Disaster Response Registry, and the inclusion of specific solicitation provisions and contract clauses. The goal is to ensure that federal procurement during disasters or emergencies supports local economies, maintains transparency, and complies with statutory mandates.
Key Rules
- Local Area Preference
- Agencies must give preference to local firms when awarding contracts for disaster or emergency assistance activities, unless justified otherwise.
- Transition of Work
- Procedures are provided for transitioning work to local firms when feasible during ongoing disaster response contracts.
- Justification for Non-Local Firms
- Contracting officers must document and justify expenditures to firms outside the local area if local firms are not selected.
- Disaster Response Registry
- Agencies must consult the Disaster Response Registry to identify capable local businesses for contracting opportunities.
- Solicitation Provisions and Clauses
- Specific FAR clauses must be included in solicitations and contracts related to disaster or emergency assistance.
Responsibilities
- Contracting Officers: Must apply local area preferences, document justifications, use the Disaster Response Registry, and include required clauses.
- Contractors: Should register in the Disaster Response Registry and be prepared to demonstrate local presence or capability.
- Agencies: Oversee compliance with local preference requirements and maintain records of justifications and contract awards.
Practical Implications
- This subpart ensures federal disaster response contracts benefit local economies and comply with legal mandates.
- Contractors seeking disaster-related work should register and maintain updated information in the Disaster Response Registry.
- Failure to follow local preference or documentation requirements can result in compliance issues or protest risk.