Hindson & Melton LLC » Disaster

Oil Spill Disaster Recovery – Government Contracts

hindsonmelton — Sun, 11 Jul 2010 23:23:00 +0000

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 spill. Perhaps the absence of a disaster declaration is so that federal funds will not be available for cleanup or assistance to local individuals and businesses harmed by the spill. Contact Karen Hindson for your government contract legal issues.

Government Contracts – Major Disaster or Emergency

hindsonmelton — Sun, 11 Jul 2010 23:21:00 +0000

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 or doing business primarily in the area affected by the disaster or emergency. FAR 6.207, 42 USC 5150. Contact Karen S. Hindson for more information.

Disaster Relief and Emergency Assistance Act

hindsonmelton — Sun, 11 Jul 2010 23:18:00 +0000

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 contracts for disaster recovery. Contractors may file a GAO bid protest if they believe the award is to a firm not really residing in the area or primarily doing business in the area. Contact Karen Hindson for assistance with your government contracting issues.

GAO Bid Protest – Doing Business Primarily in the Area

hindsonmelton — Sun, 11 Jul 2010 23:16:00 +0000

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 of the Stafford Act preference for using local firms and individuals for disaster relief recovery contracts. Contact Karen Hindson for more information.

Emergency and Disaster Contracts for Local Business Firms

hindsonmelton — Sun, 11 Jul 2010 23:10:00 +0000

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 through the use of local people and business firms.” (Senate Committee on Public Works report 91-1157). Contact government contracts attorney Karen Hindson for assistance with your government contracts issue.