26.404
Contract clause
Include clause 52.226-6 in all U.S. food-related contracts over $30,000 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 $30,000 that involve the provision, service, or sale of food within the United States. This clause is designed to encourage the donation of excess, wholesome food to nonprofit organizations, supporting efforts to reduce food waste and assist those in need. The requirement applies specifically to contracts where food is a primary component and only when the contract value is above the specified threshold.
Key Rules
- Clause Inclusion Requirement
- The 52.226-6 clause must be inserted in applicable solicitations and contracts over $30,000 for food-related services in the U.S.
- Scope Limitation
- Applies only to contracts for the provision, service, or sale of food, and only within the United States.
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 clause 52.226-6 if it is included in their contract.
- Agencies: Should oversee compliance with this clause and promote food donation initiatives.
Practical Implications
- This section ensures that federal food service contracts contribute to reducing food waste and supporting nonprofit organizations.
- Contractors should be prepared to implement procedures for donating excess food as required by the clause.
- Failure to include or comply with the clause may result in noncompliance with federal acquisition regulations.