Oil Spill Disaster Recovery – Government Contracts

Federal Acquisition Regulation FAR 26.202-1 allows government contract competitions to be limited to local businesses for disaster or emergency assistance contracts. The key is a declared disaster/emergency area. So far, no disaster/emergency has been declared for the Gulf BP Oil Read More

Government Contracts – Major Disaster or Emergency

Department of Homeland Security lists federal disaster/emergency declarations by date and geographical area. Most declarations relate to storms or flooding. Once a federal disaster emergency declaration is made, the law allows Contracting Officers to “set aside” competitions to businesses residing Read More

Disaster Relief and Emergency Assistance Act

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5150, commonly known as the “Stafford Act”, gives contracting officers authority to restrict competition to the affected geographical area. This applies to FEMA contracts and other federal government Read More

GAO Bid Protest – Doing Business Primarily in the Area

GAO Bid Protest decision B-299954.3 found a FEMA contract improperly awarded to a firm not “doing business primarily” in Mississippi. GAO looked to see where the firm does the majority of its business. This GAO decision has a good discussion Read More

Emergency and Disaster Contracts for Local Business Firms

Congressional intent in enacting the Stafford Act was to promote the use of local firms and individuals in the affected area in disaster relief contracts. “A Federal assistance program should be designed to revitalize the community by infusions of cash Read More

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