Overview
This section prescribes the mandatory inclusion of FAR clause 52.226-6 in federal contracts to encourage the donation of excess wholesome food to nonprofit organizations.
Key Rules
- Mandatory Clause: Contracting Officers must insert the clause at 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations.
- Monetary Threshold: Applies to solicitations and contracts valued at greater than $35,000.
- Scope of Work: The rule applies specifically to contracts involving the provision, service, or sale of food.
- Geographic Limitation: The requirement is restricted to contracts performed within the United States.
Practical Implications
- Contracting Officers must identify food-related requirements (such as cafeteria services or conference catering) and ensure the threshold is met for clause inclusion.
- Contractors performing food service contracts are encouraged to minimize food waste by establishing procedures to donate surplus food, benefiting from liability protections provided under the Bill Emerson Good Samaritan Food Donation Act.