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-Part 26 - Other Socioeconomic Programs .................................................................................75+Part 26 - Other Socioeconomic Programs
+FC 26.103. Indian Incentive Program procedures.
+FAR 26.103 provides the standard of reliance on representations made by Indian organizations
+or Indian-owned economic enterprises regarding Indian Incentive Program eligibility as well as
+the referral process in the event of a challenge. The contracting officer should notify the prime
+contractor upon receipt of any challenge.
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+Federal Acquisition Regulation (FAR) Companion
+To be considered timely, challenges should be in writing, include the basis for the challenge,
+provide detailed evidence supporting the claim, and be filed with and received by the contracting
+officer prior to award of the subcontract in question. If notification of a challenge is received
+before award, the prime contractor shall withhold award pending Bureau of Indian Affairs (BIA)
+determination unless the prime contractor and contracting officer agree that award should
+proceed to ensure timely performance of the prime contract. Challenges received after
+subcontract award will still be referred to BIA, but any determination will only apply to future
+contract actions.
+The referral process requires the contracting officer to refer the matter to the U.S. Department of
+the Interior, Bureau of Indian Affairs (BIA). The BIA will acknowledge receipt of the request
+within 5 business days and will provide a written determination to the contracting officer within
+45 additional business days. If the BIA determination is not received within the prescribed 50
+business day timeframe, contracting officers and prime contractors may proceed based on the
+subcontractor's original representation.
+FC 26.2 Disaster Response Registry and Emergency Procurement List.
+When national emergencies or disasters occur, supplies and services need to be procured and
+rushed to the affected area quickly. The System for Award Management contains a Disaster
+Response Registry that lists those contractors who are willing to provide related services.
+Further, FAR FC18.1 provides an emergency procurement list of acquisition flexibilities that
+support disaster response (see also Emergency Procurement List).
+FC 26.402 Food donation procedures.
+In accordance with FAR 26.4, contracting officers should encourage contractors to donate
+apparently wholesome excess food to nonprofit organizations that provide assistance to food-
+insecure people in the United States, to the maximum extent practicable and safe. This
+encouragement recognizes both the social benefit of reducing food waste and supporting
+vulnerable populations while acknowledging that contractors may face legitimate operational or
+safety constraints that limit their participation in food donation programs.
+When encouraging food donations, contracting officers should clarify that contractors retain full
+responsibility for all costs and logistics associated with collecting, transporting, maintaining
+safety of, and distributing excess food to nonprofit organizations. The government will not
+assume any financial responsibility for these donation activities, and executive agencies cannot
+reimburse contractors for expenses incurred in connection with food donations under any
+contract. Additionally, contractors cannot claim food donation costs as allowable public relations
+expenses, ensuring these activities remain voluntary charitable contributions rather than
+reimbursable contract costs. This cost framework preserves the charitable nature of food
+donations while preventing unintended increases to government contract expenses.
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+Federal Acquisition Regulation (FAR) Companion