FAR 52.226-6 - Promoting Excess Food Donation to Nonprofit Organizations

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Prescribed in 26.404
Effective Date:	1 May 2014
Clause or Provision:	Clause
Provision or Clause Number:	52.226-6 - Promoting Excess Food Donation to Nonprofit Organizations
Principle Type And/Or Purpose of Contract:
Required:
Applicable:	Fixed Price, Supply; Cost Reimbursement, Supply; Cost Reimbursement, Service; Fixed Price, Service; Indefinite Delivery; Simplified Acquisition Procedures (Excludes Micro-Purchase); Commercial Items
Optional:	Utility Services; Facilities; Dismantling, Demolition or Removal of Improvements; Fixed Price, Construction; Cost Reimbursement, Construction
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:	Prescription Insert the clause at 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations, in solicitations and contracts greater than $25,000 for the provision, service, or sale of food in the United States.
Clause Overview:	Clause (a) Definitions As used in this clause— “Apparently wholesome food” means food that meets all quality and labeling standards imposed by Federal, State, and local laws and regulations even though the food may not be readily marketable due to appearance, age, freshness, grade, size, surplus, or other conditions. “Excess food” means food that— (1) Is not required to meet the needs of the executive agencies; and (2) Would otherwise be discarded. “Food-insecure” means inconsistent access to sufficient, safe, and nutritious food. “Nonprofit organization” means any organization that is— (1) Described in section 501(c) of the Internal Revenue Code of 1986; and (2) Exempt from tax under section 501(a) of that Code. Contractor Encouragement (b) In accordance with the Federal Food Donation Act of 2008 (42 U.S.C. 1792), the Contractor is encouraged, to the maximum extent practicable and safe, to donate excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States. (c) Costs (1) The Contractor, including any subcontractors, shall assume the responsibility for all the costs and the logistical support to collect, transport, maintain the safety of, or distribute the excess, apparently wholesome food to the nonprofit organization(s) that provides assistance to food-insecure people. (2) The Contractor will not be reimbursed for any costs incurred or associated with the donation of excess foods. Any costs incurred for excess food donations are unallowable. (d) Liability The Government and the Contractor, including any subcontractors, shall be exempt from civil and criminal liability to the extent provided under the Bill Emerson Good Samaritan Food Donation Act (42 U.S.C. 1791). Nothing in this clause shall be construed to supersede State or local health regulations (subsection (f) of 42 U.S.C. 1791). (e) Flowdown The Contractor shall insert this clause in all contracts, task orders, delivery orders, purchase orders, and other similar instruments greater than $25,000 with its subcontractors or suppliers, at any tier, who will perform, under this contract, the provision, service, or sale of food in the United States.
Important Notes/Requirements:	Subcontractor Threshold is $25,000
Subcontract Threshold:
Incorporated by Reference:	Yes
Uniform Contract Format:	I
Editor:	Marshall

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Personal notes.