FAR Companion Part 26

Part 26 - Other Socioeconomic Programs

FC26.103. 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. 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.

FC26.2 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).

FC26.402 FC 26.402 Food Donation Procedures. 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 Federal Acquisition Regulation (FAR) Companion 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. Federal Acquisition Regulation (FAR) Companion