Overview
This section outlines the statutory requirement for written documentation when federal emergency response contracts are awarded to non-local entities following a Presidential disaster or emergency declaration.
Key Rules
- Written Justification: Under 42 U.S.C. 5150(b)(1), any federal expenditure for emergency response awarded to a non-local firm must be justified in writing within the contract file.
- Mandatory Criteria: The justification must account for the scope of the disaster and the urgency of protecting life, caring for victims, and safeguarding property.
- Application Levels: Justifications are flexible and can be authored on an individual contract basis or as a "class" justification covering multiple related actions.
- Approval Authority: The Contracting Officer holds the formal authority to approve these justifications.
Practical Implications
- While the Stafford Act mandates a preference for local firms, this regulation provides the necessary legal mechanism for Contracting Officers to bypass local preferences when immediate life-safety needs or specialized requirements exceed local capacity.
- Contracting agencies should maintain pre-drafted templates for these justifications to ensure compliance remains streamlined during the high-pressure environment of an active emergency response.