Subpart 26.4
Food Donations to Nonprofit Organizations
FAR Subpart 26.4 requires contractors and contracting officers to facilitate and document the donation of excess food to eligible nonprofits, reducing waste and supporting communities.
Overview
FAR Subpart 26.4 establishes the requirements and procedures for donating excess, surplus, or otherwise available food to nonprofit organizations as part of federal contracting activities. Its purpose is to encourage the reduction of food waste and support community organizations by facilitating the donation of edible surplus food generated during the performance of government contracts. The subpart outlines definitions, policy guidance, procedural steps, and the required contract clause to ensure compliance and proper execution of food donation initiatives.
Key Rules
- Scope and Definitions
- Clarifies the applicability of the subpart and defines key terms related to food donations and eligible nonprofit organizations.
- Policy
- Establishes the federal policy to encourage and permit the donation of excess food to eligible nonprofits, provided it is safe and suitable for consumption.
- Procedures
- Details the steps contractors and contracting officers must follow to identify, handle, and transfer excess food to nonprofits, including coordination and documentation requirements.
- Contract Clause
- Requires inclusion of a specific clause in applicable contracts to ensure contractors are aware of and comply with food donation requirements.
Responsibilities
- Contracting Officers: Must include the appropriate clause in contracts, ensure compliance with donation procedures, and coordinate with contractors and nonprofits.
- Contractors: Must identify excess food, ensure its suitability for donation, coordinate with eligible nonprofits, and document the donation process as required.
- Agencies: Oversee implementation, provide guidance, and may track or report on food donation activities.
Practical Implications
- This subpart aims to reduce food waste and support community organizations by making it easier for contractors to donate surplus food.
- Contractors must be proactive in identifying and managing excess food and follow specific procedures to ensure safe and compliant donations.
- Common pitfalls include failing to document donations properly, not coordinating with eligible nonprofits, or omitting the required contract clause.