For the purposes of this part:

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

1. (1)

   1. (i) Had its main operating office in the area; and
   2. (ii) Generated at least half of the firm's gross revenues and employed at least half of its permanent employees in the area.

2. (2) If the firm does not meet the criteria in paragraph (1) of this definition, factors to be considered in determining whether a firm resides or primarily does business in the disaster area include—

   1. (i) Physical location(s) of the firm's permanent office(s) and date any office in the disaster area(s) was established;
   2. (ii) Current state licenses;
   3. (iii) Record of past work in the disaster area(s) (e.g., how much and for how long);
   4. (iv) Contractual history the firm has had with subcontractors and/or suppliers in the disaster area;
   5. (v) Percentage of the firm's gross revenues attributable to work performed in the disaster area;
   6. (vi) Number of permanent employees the firm employs in the disaster area;
   7. (vii) Membership in local and state organizations in the disaster area; and

   8. (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 of the Robert T. Stafford Disaster Relief and Assistance Act (42 U.S.C. 5170), 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.