FAR 26.2—Subpart 26.2

Scope of subpart.

FAR 26.200 is the scope statement for Subpart 26.2, and it tells readers what this subpart is about: implementing the Robert T. Stafford Disaster Relief and Emergency Assistance Act, specifically the statutory preference for local organizations, firms, and individuals when the Government contracts for major disaster or emergency assistance activities. In practical terms, this section signals that the normal competition and source-selection process may be affected by a disaster-response policy that favors local participation when the work is tied to a declared major disaster or emergency. It does not itself create the full set of procedures, but it frames the purpose of the subpart and alerts contracting personnel and contractors that special local-preference rules may apply in disaster relief contracting. For agencies, it means acquisition planning must account for Stafford Act requirements; for contractors, it means local status can matter in eligibility and award considerations for covered disaster-response work. The section is important because it connects federal procurement to emergency-response policy and helps ensure disaster assistance supports affected communities.

Definitions.

FAR 26.201 provides the definitions that control how the disaster-response preference rules in FAR Part 26 are applied. It defines three key terms: "emergency response contract," which covers contracts with private entities supporting assistance activities in a major disaster or emergency area such as debris clearance, supply distribution, or reconstruction; "local firm," which means a private organization, firm, or individual that resides or does business primarily in the affected area; and "major disaster or emergency area," which is the area covered by the official Presidential declaration and any additional areas identified by the Department of Homeland Security. These definitions matter because they determine who qualifies for local preference treatment and where those preferences apply during disaster and emergency response contracting. In practice, contracting officers must use these definitions to identify eligible contracts and eligible local sources, while contractors must understand whether they qualify as a local firm and whether their work falls within the covered geographic area. The section also points users to the Federal Register and FEMA disaster declaration listings as the authoritative sources for current declarations.

Local area preference.

FAR 26.202 addresses local area preference in emergency response contracting during a presidential major disaster or emergency declaration under the Stafford Act. It tells contracting officers that, when awarding emergency response contracts in that period, they should give preference to local firms to the extent feasible and practicable. The section also explains that this preference may be implemented either through a local area set-aside or through an evaluation preference, giving agencies flexibility in how they structure the competition. In addition, it points users to the definitions of "micro-purchase threshold" and "simplified acquisition threshold" in FAR 2.101 when the Stafford Act authority is being used to apply increased thresholds. In practice, this section is meant to speed disaster response while supporting businesses in the affected area and ensuring agencies use the correct acquisition thresholds and preference tools.

Transition of work.

FAR 26.203 addresses how agencies should plan for and carry out the transition of emergency response, relief, and reconstruction work to local firms after a major disaster or emergency. It covers advance planning for emergency response contracts, the requirement to transition work performed under contracts already in effect when the President declares a major disaster or emergency, the written determination that transition is not feasible or practicable, the timing and factors agencies must consider when deciding when to transition, and the required use of the local area set-aside at FAR 26.202-1. In practice, this section is meant to ensure the government can respond immediately to emergencies while still promoting local economic recovery and local contractor participation as soon as conditions allow. It also limits contract structures that could unnecessarily delay or block the shift of work to local firms, such as overly broad scopes or long performance periods. The section gives agencies flexibility, but only after a documented, reasoned assessment of feasibility, safety, mission impact, and local market availability.

Justification for expenditures to other than local firms.

FAR 26.204 implements a post-disaster documentation requirement for emergency response contracting when Federal funds are spent on a contract that is not awarded to a local firm after a Presidential declaration of a major disaster or emergency. The section covers the statutory basis in 42 U.S.C. 5150(b)(1), the need for a written justification in the contract file, the factors that must be considered in that justification, the option to prepare the justification on an individual or class basis, and the requirement that the contracting officer approve it. In practice, this rule is meant to ensure that agencies can explain why a non-local firm was used when local firms might otherwise be preferred or expected in disaster response. It also creates a record showing that the decision was tied to the actual emergency needs—such as protecting life, caring for victims, and safeguarding property—rather than convenience alone. For contractors and contracting officers, the section matters because it affects award documentation, file support, and the defensibility of emergency procurement decisions during major disasters and emergencies.

Disaster Response Registry.

FAR 26.205 addresses the Disaster Response Registry and how contracting officers use it to identify contractors available for disaster and emergency relief work. It covers the requirement to consult the registry through SAM.gov, the types of work the registry is meant to support—debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities—and the geographic scope, which includes the United States and outlying areas. It also explains how prospective vendors can be found through the System for Award Management (SAM) search tool using the Disaster Response Registry search path and the “Disaster Response Contractors” criterion. In practice, this section is intended to help agencies quickly locate capable sources during emergencies while ensuring the government uses a centralized, searchable vendor pool. It also reinforces that contractors must be registered in SAM to be visible in the registry, which makes SAM registration a practical prerequisite for firms seeking disaster-response opportunities.

Solicitation provision and contract clauses.

FAR 26.206 tells contracting officers which solicitation provisions and contract clauses must be used when an acquisition involves a local area set-aside tied to a disaster or emergency area. It specifically covers three required FAR text items: the representation at 52.226-3, Disaster or Emergency Area Representation; the notice clause at 52.226-4, Notice of Disaster or Emergency Area Set-aside; and the subcontracting restriction clause at 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area. The section also points out a special rule for commercial products and commercial services, directing users to FAR 12.301(e)(5) for the representation provision. In practice, this section ensures that only eligible local-area firms are represented correctly, that offerors are on notice that the procurement is reserved for local-area participation, and that subcontracting does not undermine the purpose of the set-aside by shifting work outside the disaster or emergency area. For contracting officers, the rule is a mandatory clause-and-provision prescription; for contractors, it creates eligibility, notice, and performance restrictions that must be understood before bidding and throughout contract performance.