26.202-1 Local area set-aside

[Kevin Day]

What determines a declared disaster/emergency area. Does it have to be a federal agency?

 

26.202-1 Local area set-aside.

The contracting officer may set aside solicitations to allow only local firms within a specific geographic area to compete (see 6.208).

(a) The contracting officer, in consultation with the requirements office, shall define the specific geographic area for the local set-aside.

(b) A major disaster or emergency area may span counties in several contiguous States. The set-aside area need not include all the counties in the declared disaster/emergency area(s), but cannot go outside it.

(c) The contracting officer shall also determine whether a local area set-aside should be further restricted to small business concerns in the set-aside area (see part  19).

[C Culham]

Did you read FAR 26.201?  If not please do.

[formerfed]

11 hours ago, Kevin Day said:

What determines a declared disaster/emergency area. Does it have to be a federal agency?

It’s a Presidental declaration.  Most involved agencies have procedures that implement their responses and know in advance from their missions what their role is  FEMA is usually the lead agency.  I imagine states might have something similar that governs their own actions.  

From 42 USC 5150

Quote

(2) Transition

Following the declaration of an emergency or major disaster, an agency performing response, relief, and reconstruction activities shall transition work performed under contracts in effect on the date on which the President declares the emergency or major disaster to organizations, firms, and individuals residing or doing business primarily in any area affected by the major disaster or emergency, unless the head of such agency determines that it is not feasible or practicable to do so.

(3) Formulation of requirements

The head of a Federal agency, as feasible and practicable, shall formulate appropriate requirements to facilitate compliance with this section.

Edit:  I think Carl’s post above meant FAR 26.201

[C Culham]

1 hour ago, formerfed said:

Edit:  I think Carl’s post above meant FAR 26.201

You are correct.  I edited my post.