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Title 48Chapter 1Subchapter HPart 52Subpart 52.2 → §52.226-3

Title 48: Federal Acquisition Regulations System
Subpart 52.2—Text of Provisions and Clauses

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: ___________ [Contracting Officer to fill in with definite geographic boundaries.]

(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;

(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)

[72 FR 63088, Nov. 7, 2007, as amended at 74 FR 52849, Oct. 14, 2009]

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