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EFAP Section 5

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EFAP Procedures Manual Section 5: Eligibility Criteria and Capabilities

5.1 Eligibility Criteria and Capabilities for Lead Agencies

  1. Lead Agencies and prospective Lead Agencies must meet the following eligibility criteria:
    1. Be a nonprofit corporation or public agency.
    2. Have had IRS 501(c)(3) nonprofit status for at least one year prior to the beginning date of the Agreement.
      1. Churches and religious organizations associated with a church are exempt from having to prove their 501(c)(3) designation. If applicable see Alternate 501(c)(3) Church Verification (AGR-2241).
    3. Have and maintain active registration with the Secretary of State (SOS) Office in Washington as a nonprofit corporation or public agency throughout the Agreement period.
    4. Have and maintain active System for Award Management (SAM) registration throughout the Agreement period.
    5. Must be able to certify that they:
      1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        1. The Lead Agency must notify Food Assistance within 30 days of suspension, debarment, or any exclusion from participating in transactions.
      2. Have not within a three-year period preceding the Agreement been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
      3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; and
      4. Have not within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.
    6. While supporting access to emergency food services in the county(ies) they serve, Lead Agencies do not have to provide direct client services.
  2. Meeting eligibility criteria does not guarantee participation in EFAP, but it is an important first step.
    1. See Section 2.4 Interested Parties.
    2. See Section 3 Biennial Meetings.
    3. See the required EFAP Biennial Meeting Handout (AGR6-2503-011).
  3. Lead Agencies and prospective Lead Agencies must be able to meet the requirements of the Agreement. Listed below are key areas of importance (not all requirements are listed):
    1. Have management capabilities to administer the Agreement with the Food Assistance:
      1. Have established internal control and fund accounting procedures to assure the proper disbursement of, and accounting for, all food or funds provided.
        1. Ability to reimburse Sub Agencies with other funding prior to submitting invoices to Food Assistance.
        2. EFAP is a reimbursement program and does not provide advance funding to the Lead Agency.
      2. Must indemnify, defend, and hold harmless and must assure Sub Agencies indemnify, defend, and hold harmless the Washington State Department of Agriculture, the State of Washington, its officers, employees and authorized agents from and against all claims or damages for injuries to persons or property or death arising from or incident to performance under the Agreement.
    2. Meet the match requirements and ensure that Sub Agencies meet match requirements.
      1. Lead Agencies must at least equally match their EFAP Agreement with funds from other sources.
      2. At least 50 percent of the minimum required match must be cash (hard match).
      3. The balance of the required match may be in-kind contributions (soft match). Soft match may include the value of foods from TEFAP, CSFP, and other programs serving EFAP clients and Food Pantries.
      4. The match for EFAP must be in the same timeframe as the applicable EFAP state fiscal year.
    3. Secure and maintain required insurance within 30 days of Agreement execution date. Refer to Agreement for requirements:
      1. Secure adequate fidelity insurance.
      2. Have public liability insurance to protect against legal liability arising out of services under the Agreement.
      3. All public or general liability, excess, umbrella, and property insurance policies must name the State of Washington, Washington State Department of Agriculture (WSDA), its elected and appointed officials, agents, and employees as additional insured’s.
    4. Secure and submit all required audits and audit forms:
      1. Have an annual single audit if it receives federal funds (including value of federal food) totaling $750,000 or more per year, from all sources, or undergo an independent financial audit at a minimum once every two years if it receives $100,000 or more per year in state funds from all sources and does not get an annual single audit completed. Required financial audits must be submitted at least once every two years and must cover the previous two years.
        1. Submit a copy of its most recent audit report including, as applicable, any management letters with documentation showing how any problems (questioned costs, management findings, or inadequate internal controls) revealed by the audit were resolved.
        2. If applicable, the Lead Agency’s most recent audit is due to WSDA within 10 days of execution of the Agreement, if not already submitted.
          1. Lead Agencies that did not enter into an agreement with Food Assistance in the previous biennium have 30 days to submit.
        3. Audits must include a Schedule of State Financial Assistance/Schedule of State Awards, or equivalent.
      2. If applicable, complete the FA Single Audit Exemption Form for Lead Agencies (AGR-2207) which must be sent to Food Assistance within 30 days of the Agreement execution date and annually within 30 days of the end of the Lead Agency’s fiscal year.
      3. If the Lead Agency is not required to and does not have a completed audit, the Lead Agency must complete and submit the FA Accounting System Verification Form (AGR-2206) if its Agreement is less than $100,000 in state funding per year. This form is due within 30 days of the Agreement execution date and annually within 30 days of the end of the Lead Agency’s fiscal year.
    5. Lead Agencies must enter into written Agreements with Sub Agencies.
      1. Ability to hold and manage Agreements with Sub Agencies.
        1. Food Assistance will provide a Sub Agency Agreement template only and must not be interpreted as legal advice.
          1. It is the Lead Agency’s responsibility to ensure that their Sub Agency Agreements meet the legal requirements of the Lead Agency.
          2. If not using the Food Assistance provided template without modification, the Lead Agency must first obtain approval from Food Assistance.
            1. The Lead Agency may, with Food Assistance approval, expressly require the Sub Agency to indemnify, defend, and hold harmless the Lead Agency.
      2. Lead Agencies must enter into Agreements with each Sub Agency participating in EFAP, in its service area. All participating agencies must maintain the following updated documentation on file:
        1. Current Sub Agency Agreements: Sub Agency Information, executed Face Sheet, Sub Agency Owned and Operated, and Sponsored Site List.
        2. System for Award Management (SAM) Unique Entity Identifier (UEI) number.
          1. Verification that the Sub Agency is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        3. Current Washington Secretary of State (SOS) nonprofit corporation registration.
        4. Evidence of adequate insurance.
          1. The Lead Agency may require the Sub Agencies to name the Lead Agency, its agents, and employees as additional insured.
        5. Current 501(c)(3) status.
        6. FA Audit Requirement Form for Sub Agencies (AGR-2217).
        7. If applicable, current audit or annual FA Accounting System Verification Form (AGR-2206).
        8. Current 211 registration (some exceptions apply).
        9. Written client eligibility standards.
        10. Written client confidentiality policy and (if applicable) release of information template.
        11. If applicable, previous Sub Agency program review(s).
      3. Lead Agencies must conduct Sub Agency program reviews as outlined in Section 10.3 Lead Agency Compliance Management.
    6. All Lead Agencies must practice nondiscrimination in services and employment.
      1. Must practice nondiscrimination in the employment of individuals and the delivery of services in all programs of the organization. All have the right to be free from discrimination because of race, creed, color, national origin, sex (including gender identity and sexual orientation), honorably discharged veteran or military status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability and this is recognized as and declared to be a civil right.
      2. Religious employment exception:
        1. Federal: The Civil Rights Act of 1964 prohibits employment discrimination based on religion but exempts religious entities from this prohibition. 7 CFR § 16.3(c) expressly provides that religious organizations participating in USDA assistance programs do not waive this exemption. Consistent with this legal authority, religious employers may preferentially hire persons whose beliefs and conduct are consistent with the employers’ religious precepts and not be at risk of losing USDA federal assistance funding.
        2. State: Participating agency shall not unlawfully discriminate in the employment of individuals and the delivery of services in all programs of the organization.
    7. Lead Agencies must comply with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.

5.2 Eligibility Criteria and Capabilities for Food Bank Sub Agencies

  1. Food Banks and prospective Food Banks must meet the following eligibility criteria:
    1. Be a nonprofit corporation or public nonprofit agency.
    2. Have had IRS 501(c)(3) nonprofit status for at least one year prior to the beginning date of the Agreement.
    3. Be in operation as a Food Bank for at least one year prior to the beginning date of the Agreement.
    4. Be able to provide adequate storage relative to the quantities needed to meet the demands of your service area for this Agreement.
    5. Have and maintain active registration with the Secretary of State (SOS) Office in Washington as a nonprofit corporation or public nonprofit agency throughout the Agreement period.
    6. Have a System for Award Management (SAM) Unique Entity Identifier (UEI) number.
    7. Must be able to certify that they:
      1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        1. Sub Agency must notify the Lead Agency within 30 days of suspension, debarment, or any exclusion from participating in transactions.
      2. Have not within a three-year period preceding the Agreement been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
      3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; and
      4. Have not within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.
  2. Meeting eligibility criteria does not guarantee participation in EFAP, but it is an important first step.
    1. See Section 2.4 Interested Parties.
    2. See Section 3 Biennial Meetings.
    3. See the required EFAP Biennial Meeting Handout (AGR6-2503-011).
  3. Food Banks and prospective Food Banks must be able to meet the requirements of the Agreement with their Lead Agency. Listed below are key areas of importance (not all requirements are listed):
    1. Have management capabilities to administer the Agreement with the Lead Agency:
      1. Have established internal control and fund accounting procedures to assure the proper disbursement of, and accounting for, all food or funds provided.
        1. EFAP is a reimbursement program and does not provide advance funding.
    2. Must indemnify, defend, and hold harmless the Washington State Department of Agriculture, the State of Washington, its officers, employees, and authorized agents from and against all claims or damages for injuries to persons or property or death arising from or incident to performance under the Agreement. Meet the match requirements.
      1. Food Bank Sub Agencies must at least equally match their EFAP Agreement with funds from other sources.
      2. At least 50 percent of the minimum required match must be cash (hard match).
      3. The balance of the required match may be in-kind contributions (soft match). Soft match may include the value of foods from TEFAP, CSFP, and other programs serving EFAP clients and Food Pantries.
      4. The match for EFAP must be in the same timeframe as the applicable EFAP state fiscal year.
    3. Secure and maintain required insurance per Lead Agency requirements which at a minimum includes:
      1. Secure adequate fidelity insurance.
      2. Have public liability insurance to protect against legal liability arising out of services under the Agreement with the Lead Agency and liability on vehicles used for business purposes.
      3. If the Lead Agency requires it, Sub Agency Food Banks will co-insure the Lead Agency and provide the Lead Agency proof that it has done so.
        1. The following is considered acceptable for additional insured endorsements for a designated person or organization: An ISO Standard Endorsement CG 2026 or equivalent.
    4. Secure and submit all required audits and audit forms to the Lead Agency:
      1. Food Bank Sub Agencies must submit the FA Audit Requirement Form for Sub Agencies (AGR-2217) within 30 days of an executed Agreement and then annually within 30 days of the end of the agency’s fiscal year.
      2. Have an annual single audit if it receives federal funds (including value of federal food) totaling $750,000 or more per year, from all sources, or undergo an independent financial audit at a minimum once every two years if it receives $100,000 or more per year in state funds from all sources and does not get an annual single audit completed. Required financial audits must be submitted at least once every two years and must cover the previous two years.
        1. Submit a copy of its most recent audit report including as applicable, any management letters with documentation showing how any problems (questioned costs, management findings, or inadequate internal controls) revealed by the audit were resolved.
        2. If applicable, the Sub Agency’s most recent audit is due to the Lead Agency within 10 days of execution of the Agreement if not already submitted. Audits must include a Schedule of State Financial Assistance/Schedule of State Awards, or equivalent.
      3. If the Food Bank is not required to and does not have a completed audit, the Food Bank must complete and submit the FA Accounting System Verification Form (AGR-2206) if its Agreement is less than $100,000 in state funding per year. This form is due within 30 days of an executed Agreement and then annually within 30 days of the end of the agency’s fiscal year.
    5. Food Banks must enter into a written Agreement with the Lead Agency.
      1. Agreement with the Lead Agency must be executed prior to receiving funding.
      2. Maintain the following documentation on file or as required by the Lead Agency:
        1. Current System for Award Management (SAM) UEI number.
          1. Verification that the Food Bank is not at presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        2. If applicable, current Washington Secretary of State (SOS) nonprofit corporation registration.
        3. Evidence of adequate required insurance.
          1. The Lead Agency may require the Sub Agencies to name the Lead Agency, its agents, and employees as additional insured.
        4. Current 501(c)(3) status.
        5. FA Audit Requirement Form for Sub Agencies (AGR-2217).
        6. Current audit or annual FA Accounting System Verification Form (AGR-2206).
        7. If applicable, previous compliance review(s).
    6. Adhere to the requirements listed in Section 9.2 Food Procurement Priority System.
    7. Adhere to the percentage limits for funding spent on essential non-food items.
      1. Up to 25 percent for 23-25 biennium.
    8. Meet all reporting requirements in a timely manner, and at a minimum includes:
      1. Pounds of food distributed to Food Pantries.
      2. Food Bank expenses claimed.
    9. All Food Banks must practice nondiscrimination in services and employment.
      1. Must practice nondiscrimination in the employment of individuals and the delivery of services in all programs of the organization. All have the right to be free from discrimination because of race, creed, color, national origin, sex (including gender identity and sexual orientation), honorably discharged veteran or military status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability and this is recognized as and declared to be a civil right.
      2. Religious employment exception:
        1. Federal: The Civil Rights Act of 1964 prohibits employment discrimination based on religion but exempts religious entities from this prohibition. 7 CFR § 16.3(c) expressly provides that religious organizations participating in USDA assistance programs do not waive this exemption. Consistent with this legal authority, religious employers may preferentially hire persons whose beliefs and conduct are consistent with the employers’ religious precepts and not be at risk of losing USDA federal assistance funding.
        2. State: Participating agency shall not unlawfully discriminate in the employment of individuals and the delivery of services in all programs of the organization.

5.3 Eligibility Criteria and Capabilities for Food Pantry Sub Agencies

  1. Food Pantries and prospective Food Pantries must meet the following eligibility criteria:
    1. Be a nonprofit corporation or public nonprofit agency.
    2. Have had IRS 501(c)(3) nonprofit status for at least one year prior to the beginning date of the Agreement.
    3. Be in operation as a Food Pantry for at least one year prior to the beginning date of the Agreement.
      1. The Food Pantry has been distributing food, engaging in client data collection practices, and has had set hours of operation.
    4. Be able to provide adequate storage relative to the quantities needed to meet the demands of your service area for this Agreement.
    5. Have and maintain active registration with the Secretary of State Office in Washington as a nonprofit corporation or public nonprofit agency throughout the Agreement period.
    6. System for Award Management (SAM) Unique Entity Identifier (UEI) number.
    7. Must be able to certify that they:
      1. Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        1. Sub Agency must notify the Lead Agency within 30 days of suspension, debarment, or any exclusion from participating in transactions.
      2. Have not within a three-year period preceding the Agreement been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
      3. Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; and
      4. Have not within a three-year period preceding this certification had one or more public transactions or contracts (federal, state, or local) terminated for cause or default.
  2. Meeting eligibility criteria does not guarantee participation in EFAP, but it is an important first step.
    1. See Section 2.4 Interested Parties.
    2. See Section 3 Biennial Meetings.
    3. See the required EFAP Biennial Meeting Handout (AGR6-2503-011).
  3. Food Pantries and prospective Food Pantries must be able to meet the requirements of the Agreement with their Lead Agency. Listed below are key areas of importance (not all requirements are listed):
    1. Have management capabilities to administer the Agreement with the Lead Agency:
      1. Have established internal control and fund accounting procedures to assure the proper disbursement of, and accounting for, all food or funds provided.
        1. EFAP is a reimbursement program and does not provide advance funding.
        2. If a Food Pantry does not meet these criteria for receiving funding, the Lead Agency may be able to purchase food for the Food Pantry or directly pay the billing agents or vendors for the Food Pantry.
      2. Must indemnify, defend, and hold harmless the Washington State Department of Agriculture, the State of Washington and the Lead Agency, its officers, employees, and authorized agents from and against all claims or damages for injuries to persons or property or death arising from or incident to performance under the Agreement.
    2. Meet match requirements.
      1. Food Pantry Sub Agencies can match their EFAP funds in two ways:
        1. Equally match their EFAP funds with at least 50 percent of the minimum match required as cash (hard match) from other funding sources and the remainder from donated in-kind services (soft match).
        2. Match EFAP funds with at least 200 percent of in-kind donations of food, labor, transportation, and the like (soft match) if they do not have sufficient cash match.
      2. The match for EFAP must not be used to meet the match requirements of other programs or grants.
      3. The match for EFAP must be in the same timeframe as the applicable EFAP state fiscal year.
    3. Secure and maintain required insurance per Lead Agency requirements which at a minimum includes:
      1. Secure adequate fidelity insurance.
      2. Have public liability insurance to protect against legal liability arising out of services under the Agreement with the Lead Agency and liability on vehicles used for business purposes.
      3. If the Lead Agency requires it, Sub Agency Food Pantries will co-insure the Lead Agency and provide the Lead Agency proof that it has done so.
        1. The following is considered acceptable for additional insured endorsements for a designated person or organization: An ISO Standard Endorsement CG 2026 or equivalent.
    4. Secure and submit all required audits and audit forms to the Lead Agency:
      1. Food Pantry Sub Agencies must submit the FA Audit Requirement Form for Sub Agencies (AGR-2217) within 30 days of an executed Agreement and then annually within 30 days of the end of the agency’s fiscal year.
      2. Have an annual single audit if it receives federal funds (including value of federal food) totaling $750,000 or more per year, from all sources, or undergo an independent financial audit at a minimum once every two years if it receives $100,000 or more per year in state funds from all sources and does not get an annual single audit completed. Required financial audits must be submitted at least once every two years and must cover the previous two years.
        1. Submit a copy of its most recent audit report including as applicable, any management letters with documentation showing how any problems (questioned costs, management findings, or inadequate internal controls) revealed by the audit were resolved.
        2. If applicable, Sub Agency’s most recent audit is due to the Lead Agency within 10 days of execution of the Agreement if not already submitted.
        3. Audits must include a Schedule of State Financial Assistance/Schedule of State Awards, or equivalent.
      3. If the Food Pantry is not required to and does not have a completed audit, the Food Pantry must complete and submit the FA Accounting System Verification Form (AGR-2206) if its Agreement is less than $100,000 in state funding per year. This form is due within 30 days of an executed Agreement and then annually within 30 days of the end of the agency’s fiscal year. Sub Agencies receiving only food are not required to complete this form.
    5. Food Pantries must enter into a written Agreement with Lead Agency.
      1. Agreement with the Lead Agency must be executed prior to receiving funding or food.
      2. Maintain the following documentation on file or as required by the Lead Agency:
        1. Current System for Award Management (SAM) UEI.
          1. Verification that the Food Pantry is not at presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from covered transactions by any federal or state department/agency.
        2. Current Washington Secretary of State (SOS) nonprofit corporation registration.
        3. Evidence of adequate required insurance.
          1. The Lead Agency may require the Sub Agencies to name the Lead Agency, its agents, and employees as additional insured.
        4. Current 501(c)(3) status.
        5. FA Audit Requirement Form for Sub Agencies (AGR-2217).
        6. Current audit or annual FA Accounting System Verification Form (AGR-2206).
        7. Current 211 registration (some exceptions apply).
        8. Written client eligibility standards.
        9. Written client confidentiality policy and (if applicable) release of information template.
        10. If applicable, previous compliance review(s).
    6. Adhere to the requirement listed in Section 9.2 Food Procurement Priority System.
    7. Adhere to the percentage limits for funding spent on essential non-food items.
    8. Meet all reporting requirements in a timely manner, and at a minimum includes:
      1. Pounds of Food Distributed.
      2. Number of clients/households served, new/returning, age categories.
      3. Food Pantry expenses claimed.
    9. Treat all clients with dignity and respect:
      1. See Section 6 Client Management and Support.
    10. All Food Pantries must practice nondiscrimination in services and employment.
      1. Participating agencies must practice nondiscrimination in the employment of individuals and the delivery of services in all programs of the organization. All have the right to be free from discrimination because of race, creed, color, national origin, sex (including gender identity and sexual orientation), honorably discharged veteran or military status, age, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability and this is recognized as and declared to be a civil right.
      2. Religious employment exception:
        1. Federal: The Civil Rights Act of 1964 prohibits employment discrimination based on religion but exempts religious entities from this prohibition. 7 CFR § 16.3(c) expressly provides that religious organizations participating in USDA assistance programs do not waive this exemption. Consistent with this legal authority, religious employers may preferentially hire persons whose beliefs and conduct are consistent with the employers’ religious precepts and not be at risk of losing USDA federal assistance funding.
        2. State: Participating agency shall not unlawfully discriminate in the employment of individuals and the delivery of services in all programs of the organization.
    11. As well as not discriminating against any class of people, providers must also adhere to the following:
      1. May not require or request donations from clients for food received.
      2. May not practice evangelism or proselytize, request, or require clients to participate in any kind of religious service as condition for receiving food.
      3. May not put religious literature in food bags, pray in the presence of clients or ask clients if they would like to pray before, during or after receiving food. Food Pantry activities must be totally separate from any religious activities.
        1. May have religious literature on a table or counter that clients may voluntarily take separate from any Food Pantry items received.
    12. Food Pantries must coordinate services.
      1. Coordinate services with similar programs administered by the federal, state, and local government, and other community organizations.
      2. Attend meetings as required by the Lead Agency.
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EFAP Procedures Manual Table of Contents
Section 4 Section 6
Revision History
Section 5 Revision 2025-04-02