26.206
Solicitation provision and contract clauses
FAR 26.206 requires specific clauses in solicitations and contracts for local area set-asides to ensure only eligible local contractors participate and subcontracting is properly restricted during disaster or emergency procurements.
Overview
FAR 26.206 outlines the required solicitation provisions and contract clauses for procurements involving local area set-asides in response to major disasters or emergencies. The section mandates the use of specific FAR clauses to ensure that only eligible local contractors participate and that subcontracting is appropriately restricted. Contracting officers must include these clauses in solicitations and contracts to comply with federal requirements and promote local economic recovery during disaster or emergency situations.
Key Rules
- Provision 52.226-3, Disaster or Emergency Area Representation
- Must be included in solicitations for local area set-asides to ensure offerors represent their eligibility as local contractors. For commercial products and services, refer to FAR 12.301(e)(5).
- Clause 52.226-4, Notice of Disaster or Emergency Area Set-aside
- Required in both solicitations and contracts to notify parties that the procurement is set aside for local contractors in the disaster or emergency area.
- Clause 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area
- Must be included to restrict subcontracting to firms outside the designated area, ensuring the economic benefit remains local.
Responsibilities
- Contracting Officers: Must insert the specified provisions and clauses in all applicable solicitations and contracts involving local area set-asides.
- Contractors: Must comply with representation requirements and subcontracting restrictions as outlined in the clauses.
- Agencies: Oversee compliance with set-aside requirements and ensure proper clause usage.
Practical Implications
- Ensures that federal procurement during disasters or emergencies supports local businesses and communities.
- Contractors must be aware of and comply with eligibility and subcontracting restrictions to avoid noncompliance.
- Failure to include or adhere to these clauses can result in procurement delays or legal challenges.