6.208 Set-asides for local firms during a major disaster or emergency
Source: FAR 6.208 on acquisition.gov
FAR 6.208 empowers contracting officers to set aside contracts for local firms in disaster-affected areas without additional justification, supporting rapid local economic recovery.
Overview
FAR 6.208 allows contracting officers to set aside solicitations exclusively for local firms in areas affected by a major disaster or emergency, as authorized by 42 U.S.C. 5150. This provision is designed to support local economic recovery by limiting competition to businesses that reside or primarily operate in the disaster-affected region. The regulation references Subpart 26.2 for additional guidance and does not require a separate justification or determination for such set-asides. The designated set-aside area must fall within the geographic boundaries identified in a Presidential disaster or emergency declaration, or as further defined by the Department of Homeland Security.
Key Rules
- Local Set-Asides During Disasters
- Contracting officers may restrict competition to local firms in disaster-affected areas to fulfill statutory requirements.
- No Additional Justification Needed
- No separate justification or determination is required to implement these set-asides under this part.
- Geographic Area Definition
- The set-aside area must be within the boundaries of a Presidential disaster/emergency declaration or as expanded by DHS.
Responsibilities
- Contracting Officers: Identify eligible geographic areas, set aside solicitations for local firms, and ensure compliance with disaster declaration boundaries.
- Contractors: Must reside or primarily do business in the designated disaster area to be eligible to compete.
- Agencies: Oversee proper application of set-asides and ensure alignment with statutory and regulatory requirements.
Practical Implications
- This section enables rapid support for local economies after disasters by prioritizing local businesses for federal contracts.
- It streamlines the process by removing the need for additional justifications, allowing faster procurement actions.
- Contractors must be aware of eligibility requirements and ensure their business location qualifies under the set-aside.
(a) To fulfill the statutory requirements relating to http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5150&num=0&edition=prelim" target="_blank">42 U.S.C. 5150, contracting officers may set aside solicitations to allow only offerors residing or doing business primarily in the area affected by such major disaster or emergency to compete (see subpart 26.2).
(b) No separate justification or determination and findings is required under this part to set aside a contract action. The set-aside area specified by the contracting officer shall be a geographic area within the area identified in a Presidential declaration(s) of major disaster or emergency and any additional geographic areas identified by the Department of Homeland Security.