Attachment 5 - FAR 52.226-5 ROS outside DEA.pdf

FAR Clause PDF 219 KB Posted

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Kona Low Storm Damage Repairs
Solicitation number
70FBR927Q00000003
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About this file

This document is FAR 52.226-5, a federal contracting clause titled "Restrictions on Subcontracting Outside Disaster or Emergency Area" (November 2007). The clause establishes mandatory local performance requirements for contractors performing work in federally designated disaster or emergency areas, as referenced in FAR 52.226-4.

The clause imposes specific performance thresholds that vary by contract type. For services contracts (excluding construction), contractors must expend at least 50 percent of personnel-related costs on employees of the contractor or employees of other businesses residing or primarily doing business in the designated set-aside area. For supplies manufacturing (excluding procurement from nonmanufacturers), contractors must perform at least 50 percent of manufacturing costs, excluding materials, using local area personnel. General construction contracts require contractors to perform at least 15 percent of contract costs (excluding materials) with their own employees or local area business employees, while construction by special trade contractors requires at least 25 percent local performance of contract costs (excluding materials). The document includes signature blocks for company identification and UEI registration, indicating this is a binding contractual commitment that contractors must acknowledge.

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www.fema.gov

FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(a) Definitions. The definitions of the following terms used in this clause are found in the Small Business Administration regulations at 13 CFR 125.6(e): cost of the contract, cost of contract performance incurred for personnel, cost of manufacturing, cost of materials, personnel, and subcontracting.

(b) The Contractor agrees that in performance of the contract in the case of a contract for-

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The Contractor or employees of other businesses residing or primarily doing business in the set-aside area shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials;

(3) General construction. The Contractor will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area; or

(4) Construction by special trade Contractors. The Contractor will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees or employees of other businesses residing or primarily doing business in the set-aside area.

Company Name and Local Address:

UEI:

Signature

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the Contractor or employees of other businesses residing or primarily doing business in the area designated in the clause at FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside;

http://www.fema.gov/

FAR 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

Company Name and Local Address:
UEI:

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