Overview
This section outlines the requirements for executive agencies to encourage contractors to donate excess "apparently wholesome food" to nonprofit organizations under the Federal Food Donation Act of 2008. It establishes that while donations are encouraged, the government will not provide financial reimbursement, logistical support, or assume liability for the donation process.
Key Rules
- Encouragement of Donations: Agencies must encourage contractors to donate excess food to the maximum extent practicable and safe for the benefit of food-insecure people in the United States.
- Logistical Responsibility: The head of an executive agency is prohibited from assuming responsibility for the costs or logistics associated with collecting, transporting, or maintaining the safety of donated food.
- Cost Prohibition: The government will not reimburse contractors for any costs related to food donations; these expenses are explicitly labeled as unallowable public relations costs under FAR 31.205-1(f)(8).
- Liability Protection: Both the executive agency and the contractor are exempt from civil and criminal liability regarding donations to the extent provided by the Bill Emerson Good Samaritan Food Donation Act.
Practical Implications
- Financial Burden: Contractors must bear the full cost of donation programs, as they cannot recover expenses for transportation or food storage through their government contracts.
- Risk Mitigation: The reference to the Bill Emerson Good Samaritan Food Donation Act provides a legal safety net, reducing the litigation risks that might otherwise discourage contractors from donating excess perishable goods.