26.404
Contract clause
FAR 26.404 mandates inclusion of the food donation clause in U.S. food-related contracts over $35,000 to promote excess food donation to nonprofits.
Overview
FAR 26.404 requires contracting officers to include the clause at 52.226-6, "Promoting Excess Food Donation to Nonprofit Organizations," in all solicitations and contracts exceeding $35,000 that involve the provision, service, or sale of food within the United States. This clause is designed to encourage contractors to donate excess, wholesome food to nonprofit organizations, thereby reducing food waste and supporting community needs. The regulation applies specifically to contracts above the stated threshold and ensures that food-related federal contracts promote responsible food management practices.
Key Rules
- Clause Inclusion Requirement
- The 52.226-6 clause must be inserted into applicable solicitations and contracts.
- Applicability Threshold
- The requirement applies only to contracts over $35,000 for food provision, service, or sale in the U.S.
Responsibilities
- Contracting Officers: Must ensure the 52.226-6 clause is included in all qualifying solicitations and contracts.
- Contractors: Must comply with the requirements of the 52.226-6 clause, which promotes food donation.
- Agencies: Should oversee compliance and encourage responsible food donation practices.
Practical Implications
- This section ensures that federal food contracts contribute to reducing food waste and supporting nonprofits.
- Contractors must be aware of the clause and its requirements when bidding on or performing food-related contracts over $35,000.
- Failure to include or comply with the clause could result in noncompliance issues or missed opportunities for positive community impact.