11832 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

TERMS AND CONDITIONS—SIMPLIFIED 

ACQUISITIONS (OTHER THAN 

COMMERCIAL ITEMS) (MAR 2009) 

* * * * * 

(b) * * * 

(2) * * * 

(iii) 52.226–6, Promoting Excess Food 

Donation to Nonprofit Organizations. (MAR 

2009) (Pub. L. 110–247) (Applies to contracts 

greater than $25,000 that provide for the 

provision, the service, or the sale of food in 

the United States.) 

* * * * * 

■ 6. Add section 52.226–6 to read as 

follows: 

52.226–6 Promoting Excess Food 

Donation to Nonprofit Organizations. 

As prescribed in 26.404, insert the 

following clause: 

PROMOTING EXCESS FOOD DONATION 

TO NONPROFIT ORGANIZATIONS(MAR 

2009) 

(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. 

(b) In accordance with the Federal Food 

Donation Act of 2008 (Pub. L. 110–247), the 

Contractor is encouraged, to the maximum 

extent practicable and safe, to donate excess, 

apparently wholesome food to nonprofit 

organizations that provide assistance to foodinsecure 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. 

(End of clause) 

[FR Doc. E9–5861 Filed 3–18–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 3, 47, and 52 

[FAC 2005–31; Item VI; Docket FAR–2009– 

0003; Sequence 2] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation in order to make editorial 

changes. 

DATES: Effective Date: March 19, 2009. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, Room 4041, GS 

Building, Washington, DC, 20405, (202) 

501–4755, for information pertaining to 

status or publication schedules. Please 

cite FAC 2005–31, Technical 

Amendments. 

List of Subjects in 48 CFR Parts 3, 47, 

and 52 

Government procurement. 

Dated: March 13, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amends 48 CFR parts 3, 47, and 52 as 

set forth below: 

■ 1. The authority citation for 48 CFR 

parts 3, 47, and 52 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 3—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

■ 2. Revise section 3.503–2 to read as 

follows: 

3.503–2 Contract clause. 

The contracting officer shall insert the 

clause at 52.203–6, Restrictions on 

Subcontractor Sales to the Government, 

in solicitations and contracts exceeding 

the simplified acquisition threshold. For 

the acquisition of commercial items, the 

contracting officer shall use the clause 

with its Alternate I. 

PART 47—TRANSPORTATION 

47.103–1 [Amended] 

■ 3. Amend section 47.103–1 by 

removing from paragraph (c) ‘‘ATTN: 

FBA, 1800 F Street, NW., Washington, 

DC 20405’’ and adding ‘‘Transportation 

Audit Division (QMCA), Crystal Plaza 4, 

Room 300, 2200 Crystal Drive, 

Arlington, VA 22202.’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 4. Amend section 52.225–11 by 

revising the date in Alternate I; and 

revising paragraph (b)(1) of Alternate I 

to read as follows: 

52.225–11 Buy American Act— 

Construction Materials under Trade 

Agreements. 

* * * * * 

Alternate I (MAR 2009). * * * 

* * * * * 

(b) Construction materials. (1) This clause 

implements the Buy American Act (41 U.S.C. 

10a - 10d) by providing a preference for 

domestic construction material. In addition, 

the Contracting Officer has determined that 

the WTO GPA and all the Free Trade 

Agreements except NAFTA and the Bahrain 

FTA apply to this acquisition. In accordance 

with 41 U.S.C. 431, the component test of the 

Buy American Act is waived for construction 

material that is a COTS item (See FAR 

12.505(a)(2)). Therefore, the Buy American 

Act restrictions are waived for designated 

country construction materials other than 

Bahrainian or Mexican construction 

materials. 

* * * * * 

[FR Doc. E9–5857 Filed 3–18–09; 8:45 am] 

BILLING CODE 6820–EP–S 


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