FAR and DFARS › FAR Part 26: Other Socioeconomic Programs › Subpart 26.2
FAR 26.204 Justification for expenditures to other than local firms.
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 says that after a Presidential declaration of a major disaster or emergency, if an emergency response contract is not awarded to a local firm, the expenditure of Federal funds must be justified in writing in the contract file. The justification should consider the scope of the disaster or emergency and the immediate needs for supplies and services to protect life, care for victims, and protect property. The contracting officer approves the justification, which can be done on an individual or class basis.
Applies to: Emergency response contracts funded with Federal funds after a Presidential disaster or emergency declaration, when not awarded to a local firm
What it requires
- Justify in writing in the contract file any expenditure of Federal funds under an emergency response contract not awarded to a local firm
- Include in the justification 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
Key terms: local firm · emergency response contract · major disaster or emergency · justification · contracting officer
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(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.
← 26.203 Transition of work. · 26.205 Disaster Response Registry. →
Rule changes for FAR Part 26
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 6, 7, 10, 18, 26, 37, and 41 ↗ · proposed 2026-06-23 · comments due 2026-07-23
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation: Improving Consistency Between Procurement and Nonprocurement Procedures on Suspension and Debarment ↗ · final rule 2025-01-03 · effective 2025-01-17
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation: Sustainable Procurement ↗ · final rule 2024-04-22 · effective 2024-05-22
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.