FAR 26.4—Subpart 26.4

Scope of subpart.

FAR 26.400 is a short scope provision that tells readers what Subpart 26.4 is for: implementing the Federal Food Donation Act of 2008, codified at 42 U.S.C. 1792. In practical terms, it signals that the subpart is not a general food policy rule, but a procurement-specific framework for how federal agencies and contractors handle the donation of excess food from federal contracts. The section matters because it ties federal acquisition activity to food recovery and donation objectives, helping reduce waste and support charitable feeding organizations. It also tells contracting officials and contractors that the detailed requirements in the subpart are grounded in statute, so compliance is not optional when the subpart applies. Although this section itself is only a scope statement, it is important because it defines the legal and policy context for the rest of the subpart and alerts users to look to the implementing rules for the actual operational requirements.

Definitions.

FAR 26.401 is a definitions section for Subpart 26.4, which governs the donation of excess food by executive agencies. It defines four key terms used throughout the subpart: "apparently wholesome food," "excess food," "food-insecure," and "nonprofit organization." These definitions matter because they determine what food may be donated, what food qualifies as surplus, who may receive donations, and which organizations are eligible to participate. In practice, the definitions set the legal and operational boundaries for agency food donation programs and help agencies and contractors apply the Bill Emerson Good Samaritan Food Donation Act consistently. They also reduce liability and compliance risk by tying the meaning of donated food to existing federal, state, and local quality and labeling standards. For contracting officers and agencies, this section is the starting point for deciding whether food can be donated and to whom; for nonprofit recipients, it establishes eligibility requirements and the type of food they may lawfully receive.

Policy.

FAR 26.402 states the Government’s policy on donating excess apparently wholesome food. It encourages executive agencies and their contractors, to the maximum extent practicable and safe, to donate such food to nonprofit organizations that provide assistance to food-insecure people in the United States. The section is a policy statement, not a detailed operating procedure, but it sets the tone for how agencies and contractors should think about surplus food handling, redistribution, and charitable donation. In practice, it supports waste reduction, social responsibility, and humanitarian use of edible food that would otherwise be discarded, while also emphasizing that donations must be both practicable and safe. The section matters because it signals that agencies and contractors should consider donation as a preferred disposition option when food is excess and still apparently wholesome, but only when doing so does not create safety, legal, or logistical problems. It also frames the intended beneficiaries: nonprofit organizations serving food-insecure people in the United States.

Procedures.

FAR 26.403 explains how executive agencies and contractors are to handle donations of apparently wholesome excess food under the Federal Food Donation Act of 2008. It covers three main subjects: encouraging donations in applicable contracts, allocating costs and logistics so the Government does not take on collection, transport, safety, or distribution responsibilities, and limiting liability for agencies and contractors under the Bill Emerson Good Samaritan Food Donation Act. In practice, this section tells contracting officers when and how to include food-donation encouragement in solicitations and contracts, and it tells contractors that any donation activity is voluntary and generally at their own expense. It also makes clear that donation-related costs are not reimbursable by the Government and are not allowable public relations costs. The liability provision is important because it gives agencies and contractors protection from civil and criminal liability to the extent provided by the Good Samaritan statute, which reduces legal risk for good-faith food donations. Overall, the section is designed to promote food donation while preventing the Government from becoming financially or operationally responsible for the donation process.

Contract clause.

FAR 26.404 is a very short but important contract-clause prescription that tells contracting officers when to include the clause at 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. It applies to solicitations and contracts valued at more than $35,000 when the acquisition is for the provision, service, or sale of food in the United States. In practice, this section is about making sure food-related federal contracts carry the required clause so contractors are formally put on notice of the Government’s policy interest in encouraging donation of excess food to nonprofit organizations. The section does not itself describe the full substance of the clause, but it establishes the threshold, the covered types of acquisitions, and the geographic scope that trigger insertion of the clause. For contracting officers, the key task is identifying whether the procurement involves food and exceeds the dollar threshold; for contractors, the practical effect is that the solicitation and resulting contract may include obligations tied to excess food donation. This section matters because missing the clause can create compliance gaps in food procurements and undermine the Government’s food donation policy objectives.