26.201
Definitions
FAR 26.201 defines key terms that determine eligibility and preferences for contracts supporting disaster or emergency response, making it essential for contractors and contracting officers to understand these definitions.
Overview
FAR 26.201 provides definitions for key terms used in the context of major disaster or emergency assistance contracting. It clarifies what constitutes an "emergency response contract," defines a "local firm," and specifies the geographic scope of a "major disaster or emergency area." These definitions are foundational for understanding the requirements and preferences that apply to contracts supporting disaster or emergency response efforts, particularly those involving local businesses and specific types of assistance activities.
Key Rules
- Emergency Response Contract
- Defined as contracts with private entities that support assistance activities in major disaster or emergency areas, including tasks like debris clearance, supply distribution, or reconstruction.
- Local Firm
- Refers to private organizations, firms, or individuals residing or primarily doing business in the affected disaster or emergency area.
- Major Disaster or Emergency Area
- The area covered by official Presidential declarations and any additional areas identified by the Department of Homeland Security, with declarations published in the Federal Register and available on FEMA's website.
Responsibilities
- Contracting Officers: Must apply these definitions when determining eligibility and preferences for contracts related to disaster or emergency response.
- Contractors: Should understand these definitions to assess their eligibility for local preferences and participation in emergency response contracts.
- Agencies: Ensure that contracting processes and documentation align with these definitions for compliance and reporting.
Practical Implications
- These definitions establish the framework for applying local firm preferences and determining contract eligibility during disaster or emergency response procurements.
- Contractors must accurately identify their status as a local firm and the nature of their contracts to benefit from relevant preferences.
- Misinterpretation of these terms can lead to compliance issues or missed contracting opportunities during disaster response operations.