Did you read FAR 26.201?  If not please do.

Kevin Day said:

What determines a declared disaster/emergency area. Does it have to be a federal agency?

It’s a Presidental declaration.  Most involved agencies have procedures that implement their responses and know in advance from their missions what their role is  FEMA is usually the lead agency.  I imagine states might have something similar that governs their own actions.  

From 42 USC 5150

Quote

(2) Transition

Following the declaration of an emergency or major disaster, an agency performing response, relief, and reconstruction activities shall transition work performed under contracts in effect on the date on which the President declares the emergency or major disaster to organizations, firms, and individuals residing or doing business primarily in any area affected by the major disaster or emergency, unless the head of such agency determines that it is not feasible or practicable to do so.

(3) Formulation of requirements

The head of a Federal agency, as feasible and practicable, shall formulate appropriate requirements to facilitate compliance with this section.

Edit:  I think Carl’s post above meant FAR 26.201

formerfed said:

Edit:  I think Carl’s post above meant FAR 26.201

You are correct.  I edited my post.

Are local area set-asides only reserved under emergency situations or can it be used when you're 

in a particular geographic area outside of the contiguous United States (Hawaii/Guam/Puerto Rico, etc)?

On 7/22/2024 at 12:38 PM, Daisan said:

Are local area set-asides only reserved under emergency situations or can it be used when you're 

in a particular geographic area outside of the contiguous United States (Hawaii/Guam/Puerto Rico, etc)?

The authority at FAR 26.202-1 can only be exercised in a declared major disaster or emergency.

On 7/22/2024 at 12:38 PM, Daisan said:

contiguous United States

 @Don Mansfield post is straight forward.  Keying in on your quote referenced above keep in mind that FAR 26.200 says this...

"26.200 Scope of subpart.

This subpart implements the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42U.S .C.5150), which provides a preference for local organizations, firms, and individuals when contracting for major disaster or emergency assistance activities." 

I think the FAR is lacking at 26.201 as it does not carry this definition regarding the Stafford Act from 42 USC 5122 to the FAR definitions in 26.201.  42 USC 5122 at (3) says this....

"“United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands."

C Culham said:

I think the FAR is lacking at 26.201 as it does not carry this definition regarding the Stafford Act from 42 USC 5122 to the FAR definitions in 26.201.  42 USC 5122 at (3) says this....

"“United States” means the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands."

Carl,

I don’t think the FAR needs to say more about the area.  Right now 26.201 just says:

Quote

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 https://www.fema.gov/disasters/disaster/declarations.

The emergency area is what’s included in the Presidential and DHS declaration.  It varies with each declaration.  The definition of US doesn’t add anything.