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FAR and DFARS › FAR Part 26: Other Socioeconomic Programs › Subpart 26.2

FAR 26.203 Transition of work.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section encourages agencies to plan for emergency response by awarding contracts before disasters occur, but requires that work performed under contracts in effect when a major disaster is declared be transitioned to local firms unless the agency head determines in writing that it is not feasible or practicable. It also lists factors agencies must consider when timing the transition and specifies that the transition should use the local area set-aside.

Applies to: Agencies involved in emergency response, relief, and reconstruction activities

What it requires

  • Transition to local firms any work performed under contracts in effect on the date the President declares a major disaster or emergency, unless the agency head makes a written determination that it is not feasible or practicable.
  • Prepare the written determination within a reasonable time given the circumstances of the emergency.
  • Consider the listed factors (duration, severity, contract scope, impact, availability of local offerors) before transitioning work.
  • Use the local area set-aside identified in 26.202-1 when transitioning work to local firms.

Key terms: emergency response contracts · transition · local firms · major disaster or emergency · local area set-aside

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(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.

Sections it refers to

← 26.202-2 Evaluation preference. · 26.204 Justification for expenditures to other than local firms. →

Rule changes for FAR Part 26

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 26.203 Transition of work · SpendQuery