FAR 26.201—Definitions.
Plain-English Summary
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.
Key Rules
Emergency response contract scope
An emergency response contract is a contract with private entities that supports assistance activities in a major disaster or emergency area. The definition specifically includes work such as debris clearance, distribution of supplies, and reconstruction, but it is not limited to those examples.
Local firm definition
A local firm is a private organization, firm, or individual that resides or does business primarily in the major disaster or emergency area. Eligibility depends on the entity’s primary residence or primary business presence in the affected area.
Covered disaster area
The major disaster or emergency area includes the area named in the official Presidential declaration and any additional areas identified by the Department of Homeland Security. The geographic scope is therefore tied to official government declarations, not informal local need.
Official declaration sources
Major disaster and emergency declarations are published in the Federal Register and are also available through FEMA’s disaster declaration website. These sources are the practical reference points for confirming whether a declaration exists and what areas are covered.
Definitions control preference use
These terms are the gateway to applying the disaster-response contracting preferences in FAR Part 26. If a contract, contractor, or location does not fit these definitions, the preference rules may not apply.
Responsibilities
Contracting Officer
Determine whether the acquisition is an emergency response contract and whether the work is being performed in a major disaster or emergency area. Verify the applicable declaration and identify whether a contractor qualifies as a local firm before applying any local preference or related disaster-response procedures.
Contractor
Assess whether it qualifies as a local firm by showing it resides or does business primarily in the affected area. Confirm whether the contract work falls within the scope of emergency response activities in the declared area.
Agency
Use the official Presidential declaration, DHS-designated areas, Federal Register notices, and FEMA declaration records to establish the geographic boundaries of the disaster or emergency area. Ensure acquisition personnel apply the definitions consistently across disaster-response procurements.
Department of Homeland Security
Identify any additional areas that are included in the major disaster or emergency area beyond the area named in the Presidential declaration.
FEMA
Maintain and publish disaster declaration information that helps users verify major disaster and emergency declarations and the affected areas.
Practical Implications
These definitions determine whether local preference rules can be used at all, so getting the geography wrong can lead to an improper award decision or protest risk.
Contracting officers should not rely on informal assumptions about the disaster zone; they should verify the official declaration and any DHS-added areas before treating a firm as local.
Contractors that operate near the affected area should be prepared to document where they primarily reside or do business, since that status may be challenged.
The examples in the definition of emergency response contract are illustrative, not exhaustive, so similar disaster-support work may also qualify if it supports assistance activities.
Because declarations can change and additional areas may be added, users should check current Federal Register and FEMA sources rather than relying on older disaster information.
Official Regulatory Text
Emergency response contract means a contract with private entities that supports assistance activities in a major disaster or emergency area, such as debris clearance, distribution of supplies, or reconstruction. Local firm means a private organization, firm, or individual residing or doing business primarily in a major disaster or emergency area. Major disaster or emergency area means the area included in the official Presidential declaration(s) and any additional areas identified by the Department of Homeland Security. Major disaster declarations and emergency declarations are published in the Federal Register and are available at https://www.fema.gov/disasters/disaster/declarations .