Robert T. Stafford Disaster Relief and Emergency Assistance Act
Title III, Sec.307. Use of Local Firms and Individuals (42 U.S.C. 5150)

FAR 26.2 – Disaster or Emergency Assistance Activities
26.200 -- Scope of Subpart.
This subpart implements the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5150) (Stafford Act), which provides a preference for local organizations, firms, and individuals when contracting for major disaster or emergency assistance activities.

26.201 -- Definitions.
“Emergency response contract” means a contract with private entities that supports assistance activities in a major disaster or emergency area, such as debris clearance, distribution of supplies, or reconstruction.

“Local firm” means a private organization, firm, or individual residing or doing business primarily in a major disaster or emergency area.

“Major disaster or emergency area” means the area included in the official Presidential declaration(s) and any additional areas identified by the Department of Homeland Security. Major disaster declarations and emergency declarations are published in the Federal Register and are available at Disaster.

26.202 -- Local Area Preference.
When awarding emergency response contracts during the term of a major disaster or emergency declaration by the President of the United States under the authority of the (Stafford Act), preference shall be given, to the extent feasible and practicable, to local firms. Preference may be given through a local area set-aside or an evaluation preference.

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).

26.203 -- Transition of Work.
(a) In anticipation of potential emergency response requirements, agencies involved in response planning should consider awarding emergency response contracts before a major disaster or emergency occurs to ensure immediate response and relief. These contracts should be structured to respond to immediate emergency response needs, and should not be structured in any way that may inhibit the transition of emergency response work to local firms (e.g., unnecessarily broad scopes of work or long periods of performance).

(b) 42 U.S.C. 5150(b)(2) requires that agencies performing response, relief, and reconstruction activities transition to local firms any work performed under contracts in effect on the date on which the President declares a major disaster or emergency, unless the head of such agency determines in writing that it is not feasible or practicable. This determination may be made on an individual contract or class basis. The written determination shall be prepared within a reasonable time given the circumstances of the emergency.

(c) In effecting the transition, agencies are not required to terminate or renegotiate existing contracts. Agencies should transition the work at the earliest practical opportunity after consideration of the following:
1. The potential duration of the disaster or emergency.
2. The severity of the disaster or emergency.
3. The scope and structure of the existing contract, including its period of performance and the milestone(s) at which a transition is reasonable (e.g., before exercising an option).
4. The potential impact of a transition, including safety, national defense, and mobilization.
5. The expected availability of qualified local offerors who can provide the products or services at a reasonable price.

(d) The agency shall transition the work to local firms using the local area set-aside identified in 26.202-1.

26.204 -- Justification for Expenditures to Other Than Local Firms.
(a) 42 U.S.C. 5150(b)(1) requires that, subsequent to any Presidential declaration of a major disaster or emergency, any expenditure of Federal funds, under an emergency response contract NOT AWARDED to a local firm, must be justified in writing in the contract file. The justification should include consideration for the scope of the major disaster or emergency and the immediate requirements or needs of supplies and services to ensure life is protected, victims are cared for, and property is protected.

(b) The justification may be made on an individual or class basis. The contracting officer approves the justification

ESF ANNEXES: INTRODUCTION

The Federal Government and many State governments organize much of their resources and capabilities – as well as those of certain private-sector and nongovernmental organizations – under 15 Emergency Support Functions (ESFs). ESFs align categories of resources and provide strategic objectives for their use.

 

During a response, ESFs are a critical mechanism to coordinate functional capabilities and resources provided by Federal departments and agencies, along with certain private-sector and nongovernmental organizations. ESFs may be selectively activated for both Stafford Act and non-Stafford Act incidents where Federal departments or agencies request DHS assistance or under other circumstances as defined in Homeland Security Presidential Directive 5 (HSPD-5). Not all incidents result in the activation of ESFs.

ESFs may be activated to support headquarters, regional, and/or field activities. The Incident Command System provides for the flexibility to assign ESF and other stakeholder resources according to their capabilities, tasking, and requirements to augment and support the other sections of the Joint Field Office (JFO)/Regional Response Coordination Center (RRCC) or National Response Coordination Center (NRCC) in order to respond to incidents in a more collaborative and cross-cutting manner.

 

 While ESFs are typically assigned to a specific section at the NRCC or in the JFO/RRCC for management purposes, resources may be assigned anywhere within the Unified Coordination structure. Regardless of the section in which an ESF may reside, that entity works in conjunction with other JFO sections to ensure that appropriate planning and execution of missions occur. For example, if a State requests assistance with a mass evacuation, the JFO would request personnel from ESF #1 (Transportation), ESF #6 (Mass Care, Emergency Assistance, Housing, and Human Services), and ESF #8 (Public Health and Medical Services). These would then be integrated into a single branch or group within the Operations Section to ensure effective coordination of evacuation services.

 

ESF MEMBER ROLES AND RESPONSIBILITIES

Each ESF Annex identifies the coordinator and the primary and support agencies pertinent to the ESF. Several ESFs incorporate multiple components, with primary agencies designated for each component to ensure seamless integration of and transition between preparedness, response, and recovery activities.

 

ESF Coordinator. The ESF coordinator is the entity with management oversight for that particular ESF. The coordinator has ongoing responsibilities throughout the preparedness, response, and recovery phases of incident management. The role of the ESF coordinator is carried out through a "unified command" approach as agreed upon collectively by the designated primary agencies and, as appropriate, support agencies.

ESF Primary Agency(ies). An ESF primary agency is a Federal agency with significant authorities, roles, resources, or capabilities for a particular function within an ESF. ESFs may have multiple primary agencies, and the specific responsibilities of those agencies are articulated within the relevant ESF Annex. A Federal agency designated as an ESF primary agency serves as a Federal executive agent under the Federal Coordinating Officer (or Federal Resource Coordinator for non-Stafford Act incidents) to accomplish the ESF mission

1. ESF Support Agencies. Support agencies are those entities with specific capabilities or resources that support the primary agency(ies) in executing the mission of the ESF.

 

ESF COORDINATOR, PRIMARY AND SUPPORT AGENCIES

 

ESF#1 - Transportation

Purpose

Emergency Support Function (ESF) #1 – Transportation Provides Support To The DHS By assisting Federal, State, Tribal, And Local Governmental Entities, Voluntary Organizations, Nongovernmental Organizations, And The Private Sector In The Management Of Transportation Systems And Infrastructure During Domestic Threats Or In Response To Incidents. ESF #1 Also Participates In Prevention, Preparedness, Response, Recovery, And Mitigation Activities. ESF #1 Carries Out The Department Of Transportation (DOT)’S Statutory Responsibilities, Including Regulation Of Transportation, Management Of The Nation’s Airspace, And Ensuring The Safety And Security Of The National Transportation System.

 

Members

ESF Coordinator: DOT

Primary Agency: DOT

Support Agencies:

Department of Agriculture

1. Department of Commerce

2. Department of Defense

3. Department of Energy

4. Department of Homeland Security

5. Department of the Interior

6. Department of Justice

7. Department of State

8. General Services Ad

9.  

   ESF#2 – Communication

   Purpose

   Emergency Support Function (ESF) #2 – Communications supports the restoration of the communications infrastructure, facilitates the recovery of systems and applications from cyber attacks, and coordinates Federal communications support to response efforts during incidents requiring a coordinated Federal response. This ESF implements the provisions of the Office of Science and Technology Policy (OSTP) National Plan for Telecommunications Support in Non-Wartime Emergencies (NPTS).

    

   ESF #2 also provides communications support to Federal, State, tribal, and local governments and first responders when their systems have been impacted, and provides communications and information technology (IT) support to the JFO and JFO field teams.

    

   With the rapid convergence of communications and IT, the National Communications System (NCS) and the National Cyber Security Division (NCSD) work closely to coordinate the ESF #2 response to cyber incidents. This convergence requires increased synchronization of effort and capabilities between the communications and IT sectors to facilitate ESF #2’s ability to respond to all types of incidents.

    

   Members

   ESF Coordinator: DHS/National Protection and Programs/Cybersecurity and Communications/National Communications System

    

   Primary Agencies: DHS/National Protection and Programs/Cybersecurity and Communications/National Communications System, DHS/(FEMA

Support Agencies:

1. Department of Agriculture/Forest Service

2. Department of Commerce

3. Department of Defense

4. Department of Homeland Security

5. Department of the Interior

6. Federal Communications Commission

7. General Services Ad

 

ESF #3 – PUBLIC WORKS AND ENGINEERING

Purpose

Emergency Support Function (ESF) #3 – Public Works and Engineering assists the DHS by coordinating and organizing the capabilities and resources of the Federal Government to facilitate the delivery of services, technical assistance, engineering expertise, construction management, and other support to prepare for, respond to, and/or recover from a disaster or an incident requiring a coordinated Federal response.

 

Members

ESF Coordinator: Department of Defense (DOD)/U.S. Army Corps of Engineers (USACE)

Primary Agencies: DOD, USACE, DHS FEMA

Support Agencies:

1. Department of Agriculture

2. Department of Commerce

3. Department of Defense

4. Department of Energy

5. Department of Health and Human Services

6. Department of Homeland Security

7. Department of the Interior

8. Department of Labor

9. Department of State

10. Department of Transportation

11. Department of Veterans Affairs

12. Environmental Protection Agency

13. General Services Administration

14. Nuclear Regulatory Commission

15. Tennessee Valley Authority

16. American Red Cross

17. Corporation for National and Community

 

ESF #4 – FIREFIGHTING

Purpose

Emergency Support Function (ESF) #4 – Firefighting provides Federal support for the detection and suppression of wildland, rural, and urban fires resulting from, or occurring coincidentally with, an incident requiring a coordinated Federal response for assistance.

 

Members

ESF Coordinator: Department of Agriculture/Forest Service

Primary Agency: Department of Agriculture/Forest Service

Support Agencies:

1. Department of Commerce

2. Department of Defense

3. Department of Homeland Security

4. Department of the Interior

5. Department of State

6. Environmental Protection Agency

    

   ESF #5 – EMERGENCY MANAGEMENT
   Purpose

   Emergency Support Function (ESF) #5 – Emergency Management is responsible for supporting overall activities of the Federal Government for domestic incident management. ESF #5 provides the core management and administrative functions in support of NRCC, RRCC, and JFO operations.

    

   Members

   ESF Coordinator: DHS/FEMA

   Primary Agency: DHS/FEMA

   Support Agencies:

1. Department of Agriculture

2. Department of Commerce

3. Department of Defense

4. Department of Education

5. Department of Energy

6. Department of Health and Human Services

7. Department of Homeland Security

8. Department of Housing and Urban Development

9. Department of the Interior

10. Department of Justice

11. Department of Labor

12. Department of State

13. Department of Transportation

14. Department of the Treasury

15. Department of Veterans Affairs

16. Environmental Protection Agency

17. Federal Communications Commission

18. General Services Administration

19. National Aeronautics and Space Administration

20. Nuclear Regulatory Commission

21. Office of Personnel Management

22. Small Business Administration

23. Tennessee Valley Authority

24. U.S. Postal Service

25. American Red Cross

     

    ESF #6 –MASS CARE, EMERGENCY ASSISTANCE, HOUSING, AND HUMAN SERVICES

    Purpose

    Emergency Support Function (ESF) #6 – Mass Care, Emergency Assistance, Housing, and Human Services coordinates the delivery of Federal mass care, emergency assistance, housing, and human services when local, tribal, and State response and recovery needs exceed their capabilities.

     

    Members

    ESF Coordinator: DHS/FEMA

    Primary Agency: DHS/FEMA

Support Agencies:

1. Department of Agriculture

2. Department of Defense

3. Department of Health and Human Services

4. Department of Homeland Security

5. Department of Housing and Urban Development

6. Department of the Interior

7. Department of Justice

8. Department of Labor

9. Department of Transportation

10. Department of the Treasury

11. Department of Veterans Affairs

12. General Services Administration

13. Small Business Administration

14. Social Security Administration

15. U.S. Postal Service

16. American Red Cross

17. Corporation for National and Community Service

18. National Voluntary Organizations Active in Disaster

19. Other voluntary agency and nongovernmental support organizations

20.  

ESF #7 – LOGISTICS MANAGEMENT AND RESOURCE SUPPORT Purpose

Emergency Support Function (ESF) #7 – Logistics Management and Resource Support assists the DHS in providing a comprehensive, national disaster logistics planning, management, and sustainment capability that harnesses the resources of Federal logistics partners, key public and private stakeholders, and nongovernmental organizations (NGOs) to meet the needs of disaster victims and responders.

 

Members

ESF Coordinators: General Services Administration (GSA), DHS/FEMA

Primary Agencies: GSA, DHS/FEMA

Support Agencies:

1. Department of Agriculture

2. Department of Commerce

3. Department of Defense

4. Department of Energy

5. Department of Health and Human Services

6. Department of Homeland Security

7. Department of the Interior

8. Department of Labor

9. Department of Transportation

10. Department of Veterans Affairs

11. National Aeronautics and Space Administration

12. Office of Personnel Management

13.  

    ESF #8 – PUBLIC HEALTH AND MEDICAL SERVICES Purpose

    Emergency Support Function (ESF) #8 – Public Health and Medical Services provides the mechanism for coordinated Federal assistance to supplement State, tribal, and local resources in response to a public health and medical disaster, potential or actual incidents requiring a coordinated Federal response, and/or during a developing potential health and medical emergency. Public Health and Medical Services include responding to medical needs associated with mental health, behavioral health, and substance abuse considerations of incident victims and response workers. Services also cover the medical needs of members of the “at risk” or “special needs” population described in the pandemic and all-hazards preparedness act and in the National Response Framework (NRF) glossary, respectively. It includes a population whose members may have medical and other functional needs before, during, and after an incident.

     

    Members

    ESF Coordinator: Department of Health and Human Services (HHS)

    Primary Agency: HHS

    Support Agencies:

1. Department of Agriculture

2. Department of Defense

3. Department of Energy

4. Department of Homeland Security

5. Department of the Interior

6. Department of Justice

7. Department of Labor

8. Department of State

9. Department of Transportation

10. Department of Veterans Affairs

11. Environmental Protection Agency

12. General Services Administration

13. U.S. Agency for International Development

14. U.S. Postal Service

15. American Red Cross

     

    ESF #9 – SEARCH AND RESCUE

    Purpose

    Emergency Support Function (ESF) #9 – Search and Rescue rapidly deploys components of the Federal Search and Rescue (SAR) Response System to provide specialized lifesaving assistance to State, tribal, and local authorities when activated for incidents or potential incidents requiring a coordinated Federal response

     

    Members

    ESF Coordinator: DHS/FEMA

    Primary Agencies: DHS/FEMA, DHS/U.S. Coast Guard (USCG), Department of the Interior (DOI)/National Park Service (NPS), DOD

    Support Agencies:

1. Department of Agriculture

2. Department of Commerce

3. Department of Defense

4. Department of Health and Human Services

5. Department of Homeland Security

6. Department of Justice

7. Department of Labor

8. National Aeronautical and Space Administration

9. U.S. Agency for International Development

    

   ESF #10 – OIL AND HAZARDOUS MATERIALS RESPONSE Purpose

   Emergency Support Function (ESF) #10 – Oil and Hazardous Materials Response provides Federal support in response to an actual or potential discharge and/or uncontrolled release of oil or hazardous materials when activated. ESF #10 provides for a coordinated Federal response to actual or potential oil and hazardous materials incidents.

 

Members

ESF Coordinator: Environmental Protection Agency (EPA)

Primary Agencies: EPA DHS/ USCG

Support Agencies:

1. Department of Agriculture

2. Department of Commerce

3. Department of Defense

4. Department of Energy

5. Department of Health and Human Services

6. Department of Homeland Security

7. Department of the Interior

8. Department of Justice

9. Department of Labor

10. Department of State

11. Department of Transportation

12. General Services Administration

13. Nuclear Regulatory Commission

 

ESF #11 – AGRICULTURE AND NATURAL RESOURCES

Purpose

• Emergency Support Function (ESF) #11 – Agriculture and Natural Resources supports State, tribal, and local authorities and other Federal agency efforts to:

• Provide nutrition assistance.

• Control and eradicate, as appropriate, any outbreak of a highly contagious or economically devastating animal/zoonotic (i.e., transmitted between animals and people) disease or any outbreak of an economically devastating plant pest or disease.

• Ensure the safety and security of the commercial food supply.

• Protect natural and cultural resources and historic properties (NCH) resources.

• Provide for the safety and well-being of household pets during an emergency response or evacuation situation.

  Members

  ESF Coordinator: Department of Agriculture (USDA)

  Primary Agencies: USDA, DOI

  Support Agencies:

1. Department of Agriculture

2. Department of Commerce

3. Department of Defense

4. Department of Energy

5. Department of Health and Human Services

6. Department of Homeland Security

7. Department of the Interior

8. Department of Justice

9. Department of Labor

10. Department of State

11. Department of Transportation

12. Environmental Protection Agency

13. General Services Administration

14. National Archives and Records Administration

15. U.S. Postal Service

16. Advisory Council on Historic Preservation

17. American Red Cross

18. Heritage Emergency National Task Force

     

    ESF #12 – ENERGY

    Purpose

    Emergency Support Function (ESF) #12 – Energy is intended to facilitate the restoration of damaged energy systems and components when activated by the Secretary of Homeland Security for incidents requiring a coordinated Federal response. Under Department of Energy (DOE) leadership, ESF #12 is an integral part of the larger DOE responsibility of maintaining continuous and reliable energy supplies for the United States through preventive measures and restoration and recovery actions.

    The term “energy” includes producing, refining, transporting, generating, transmitting, conserving, building, distributing, maintaining, and controlling energy systems and system components. All energy systems are considered critical infrastructure.

     

    Members

    ESF Coordinator: DOE

    Primary Agency: DOE

    Support Agencies:

1. Department of Agriculture

2. Department of Commerce

3. Department of Defense

4. Department of Homeland Security

5. Department of the Interior

6. Department of Labor

7. Department of State

8. Department of Transportation

9. Environmental Protection Agency

10. Nuclear Regulatory Commission

11. Tennessee Valley Authority

     

    ESF #13 – PUBLIC SAFETY AND SECURITY

    Purpose

    Emergency Support Function (ESF) #13 – Public Safety and Security integrates Federal public safety and security capabilities and resources to support the full range of incident management activities associated with potential or actual incidents requiring a coordinated Federal response.

12.  

    Members

    ESF Coordinator: Department of Justice (DOJ)

    Primary Agency: DOJ

    Support Agencies: All Executive Branch departments and agencies possessing a public safety and security capability

     

    ESF #14 – LONG-TERM COMMUNITY RECOVERY

    Purpose

    Emergency Support Function (ESF) #14 – Long-Term Community Recovery provides a mechanism for coordinating Federal support to State, tribal, regional, and local governments, nongovernmental organizations (NGOs), and the private sector to enable community recovery from the long-term consequences of extraordinary disasters.

     

    ESF #14 accomplishes this by identifying and facilitating availability and use of sources of recovery funding, and providing technical assistance (such as impact analyses) for community recovery and recovery planning support.

     

    Members

    ESF Coordinator: DHS/FEMA

    Primary Agencies:

    USDA, DHS), Department of Housing and Urban Development (HUD), Small Business Administration (SBA)

    Support Agencies:

    Department of Commerce

1. Department of Defense

2. Department of Energy

3. Department of Health and Human Services

4. Department of the Interior

5. Department of Labor

6. Department of Transportation

7. Department of the Treasury

8. Environmental Protection Agency

9. Corporation for National and Community Service

10. Delta Regional Authority

11. American Red Cross

12. National Voluntary Organizations Active in Disaster

     

    ESF #15 – EXTERNAL AFFAIRS

    Purpose

    Emergency Support Function (ESF) #15 – External Affairs ensures that sufficient Federal assets are deployed to the field during incidents requiring a coordinated Federal response to provide accurate, coordinated, timely and accessible information to affected audiences, including governments, media, the private sector, and the local populace, including the special needs population.

     

    Members

    ESF Coordinator: DHS

    Primary Agency: DHS/FEMA

    Support Agencies: All

     

    To see the complete annex, as well as other pertinent information, refer to the NRF Resource Center.

During a response, ESFs are a critical mechanism to coordinate functional capabilities and resources provided by Federal departments and agencies, along with certain private-sector and nongovernmental organizations. ESFs may be selectively activated and not all incidents result in the activation of ESFs.
ESFs may be activated to support headquarters, regional, and/or field activities. The Incident Command System provides for the flexibility to assign ESF and other stakeholder resources according to their capabilities, tasking, and requirements to augment and support the other sections of the JFO/RRCC or NRCC in order to respond to incidents in a more collaborative and cross-cutting manner.

In accordance with FAR 26.203 and to facilitate rapid engagement with the industrial base, USACE maintains an inventory of already awarded contract tools, pre-positioned to support major emergency response missions. These contracts are part of the USACE ACI, a program developed and implemented specifically for emergency and disaster scenarios. This suite of targeted contract tools provides USACE with a rapid response capability to support a wide range of mission requests. The following contracts are provided for emergency response within the Southwestern Division, USACE:

Emergency Power ACI Contract

IAP Worldwide Services (IAP) – DUNS 784330677

Contract No. W911WN-13-D-0007

Applicability: FEMA Region VI

Subcontracting Plan Required:  Yes

Subcontractor Registration

 

Debris Removal ACI Contracts

Unrestricted Contract

Crowder Gulf – DUNS 195686477

Contract No. W912P8‐14‐D‐0030

Applicability: SWD

Subcontracting Plan Required:  Yes

Subcontractor Registration

 

Restricted Contract

T.F.R. Enterprises – DUNS 081346561

Contract No. W912P8‐14‐D‐0018

Applicability: SWD

Subcontracting Plan Required:  No

Subcontractor Registration

 

Reach-Back Contract

Ceres Environmental Services-DUNS 060619285

Contract No.

Applicability: SWD

Subcontracting Plan Required:  Yes

Subcontractor Registration

 

Temporary Roof ACI Contracts

S&M and Associates-DUNS 005313783

Contract No.  W9128F-14-D-0011

Applicability: Texas to Maine

Subcontracting Plan Required:  No

 

Artesian Contracting-DUNS 785627472

Contract No.  W9128F-14-D-0013

Applicability: Texas to Maine

Subcontracting Plan Required:  No

 

ESA South-DUNS 132410148

Contract No.  W9128F-14-D-0014

Applicability: Texas to Maine

Subcontracting Plan Required:  No

POC: sbennett@esasouth.net

 

Enfield Enterprises-DUNS 789932837

Contract No.  W9128F-15-D-0024

Applicability: Texas to Maine

Subcontracting Plan Required:  No

Subcontractor Registration

 

Ironclad Services-DUNS 178802679

Contract No.  W9128F-15-D-0025

Applicability: Texas to Maine

Subcontracting Plan Required:  No

 

Coleman Construction-DUNS 939718540

Contract No.  W9128F-15-D-0026

Applicability: Texas to Maine

Subcontracting Plan Required:  No

 

Barlovento-DUNS 007742190

Contract No.  W9128F-15-D-0027

Applicability: Texas to Maine

Subcontracting Plan Required:  Yes

Subcontractor Registration

In addition to ACI, USACE also leverages the National Disaster Response Registry (DRR), which is part of the General Services Administration’s System for Award Management (SAM). The DRR includes a database of contractors willing to perform debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities. Submission of information is voluntary and the database is considered For Official Use Only within the federal government.  In accordance with FAR 26.205, contracting officers shall consult the DRR to determine the availability of contractors. Submission of information to the DRR does not expressly or implicitly commit the federal government to procurement of products or services.

Finally, all companies doing business with USACE must be registered in SAM and their registration must be in an active status.

For additional information visit the Disaster Response Registry.