---
kind: "section"
citation: "13 C.F.R. § 129.100"
title: "13"
number: "129.100"
heading: "What definitions are important in this part?"
url: "https://uscodex.org/cfr/13/129.100"
---

# §129.100. What definitions are important in this part?


For the purposes of this part:

Concern located in a disaster area is a firm that during the last twelve months—

- (1)
  - (i) Had its main operating office in the area; and
  - (ii) Generated at least half of the firm's gross revenues and employed at least half of its permanent employees in the area.
- (2) If the firm does not meet the criteria in [paragraph (1)](#1) of this definition, factors to be considered in determining whether a firm resides or primarily does business in the disaster area include—
  - (i) Physical location(s) of the firm's permanent office(s) and date any office in the disaster area(s) was established;
  - (ii) Current state licenses;
  - (iii) Record of past work in the disaster area(s) (e.g., how much and for how long);
  - (iv) Contractual history the firm has had with subcontractors and/or suppliers in the disaster area;
  - (v) Percentage of the firm's gross revenues attributable to work performed in the disaster area;
  - (vi) Number of permanent employees the firm employs in the disaster area;
  - (vii) Membership in local and state organizations in the disaster area; and
  - (viii) **Other evidence that establishes the firm resides or primarily does business in the disaster area.** For example, sole proprietorships may submit utility bills and bank statements.

    Disaster area means the area for which the President has declared a major disaster under [section 401](/cfr/13/401.md) of the Robert T. Stafford Disaster Relief and Assistance Act ([42 U.S.C. 5170](/usc/42/5170.md)), during the period of the declaration.

    Emergency response contract means a contract with private entities that supports assistance activities in a disaster area, such as debris cleanup, distribution of supplies, or reconstruction.


## Notes

### Authority

Authority: 15 U.S.C. 636(j)(13)(F)(ii), (iii), 644(f).

### Source

Source: 84 FR 65665, Nov. 29, 2019, unless otherwise noted.