Attachment 3 - FAR 52.226-3 Disaster or Emergency Area Representation.pdf
FAR Clause PDF 106 KB Posted
- Attached to
- Kona Low Storm Damage Repairs
- Solicitation number
- 70FBR927Q00000003
- Issued by
-
Federal Emergency Management Agency
About this file
This is a federal contracting provision form (FAR 52.226-3) regarding disaster or emergency area representation requirements for contract offerors.
The provision applies to contracts for the DR4724HI disaster-declared counties in Hawaii and requires offerors to represent whether they reside or primarily conduct business in the set-aside area. An offeror qualifies as residing or primarily doing business in the set-aside area if, during the preceding twelve months, it maintained its main operating office in the area and that office generated at least half of the offeror's gross revenues while employing at least half of its permanent employees. For offerors not meeting these primary criteria, the contracting officer will evaluate additional factors including physical office locations and establishment dates in the set-aside area, current state licenses, past work history in the area, contractual relationships with local subcontractors and suppliers, percentage of gross revenues from work in the area, number of permanent employees located in the area, membership in local and state organizations, and other evidence such as utility bills and bank statements for sole proprietorships. Offerors representing that they reside or primarily do business in the set-aside area must furnish documentation to support their representation if requested by the contracting officer, and the solicitation may require such documentation to be submitted with the initial offer.
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Text version
52.226-3 – Disaster or Emergency Area Representation.
As prescribed in 26.206(a), insert the following provision:
Disaster or Emergency Area Representation (Nov 2007)
(a) Set-aside area. The area covered in this contract is: DR4724HI disaster declared counties.
(b) Representations. The offeror represents that it [ ] does [ ] does not reside or primarily do business in the set-aside area.
(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months—
(1) The offeror had its main operating office in the area; and
(2) That office generated at least half of the offeror's gross revenues and employed at least half of the offeror's permanent employees.
(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include—
(1) Physical location(s) of the offeror's permanent office(s) and date any office in the set-aside area(s) was established;
(2) Current state licenses;
(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);
(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;
Sign
(5) Percentage of the offeror's gross revenues attributable to work performed in the set-aside area;
(6) Number of permanent employees the offeror employs in the set-aside area;
(7) Membership in local and state organizations in the set-aside area; and
(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area.
For example, sole proprietorships may submit utility bills and bank statements.
(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation.
(End of provision)
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