FAR 26.400—Scope of subpart.
Plain-English Summary
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.
Key Rules
Implements the statute
This subpart exists to carry out the Federal Food Donation Act of 2008. That means the rules in the subpart are the FAR’s implementation of the statute, not independent policy choices.
Applies to food donation issues
The scope is limited to federal procurement situations involving the donation of excess food. It is intended to address how food acquired or handled under federal contracts may be donated rather than discarded.
Sets the framework for later requirements
Section 26.400 does not itself impose detailed procedures, but it establishes that the subpart contains the operative rules. Users must read the rest of Subpart 26.4 for the specific obligations, definitions, and contract clauses.
Connects acquisition to public benefit
The purpose of the subpart is to support donation of excess food to charitable organizations and similar recipients. In practice, this means procurement personnel should consider food donation requirements as part of contract administration where the subpart applies.
Responsibilities
Agency
Use Subpart 26.4 as the governing framework when the Federal Food Donation Act applies and ensure acquisition personnel understand that the subpart implements statutory food donation requirements.
Contracting Officer
Recognize when the subpart is relevant and apply the implementing provisions in the solicitation, award, and administration of covered contracts.
Contractor
Be aware that contracts subject to this subpart may include food donation-related obligations and comply with the detailed requirements found elsewhere in Subpart 26.4.
Practical Implications
This section is mainly a roadmap: by itself it does not tell you what to do, but it tells you that the rest of Subpart 26.4 contains mandatory food donation rules when applicable.
A common pitfall is treating this as a general sustainability or waste-reduction policy; it is specifically tied to the Federal Food Donation Act of 2008 and its implementing FAR provisions.
Contracting officers should verify whether a procurement falls within the scope of the subpart before assuming food donation language is unnecessary.
Contractors should not stop at this section; they need to review the full subpart and any contract clauses to understand actual compliance duties.
Because the section is statutory in origin, agencies should be careful not to deviate from the implementing requirements when the subpart applies.
Official Regulatory Text
This section implements the Federal Food Donation Act of 2008 ( 42 U.S.C 1792).