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EFAP Section 5

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EFAP Procedures Manual Section 5: Eligibility Criteria

All WSDA FA EFAP forms and publications listed in this section are found here.

5.1 Lead Agency Eligibility Criteria

  1. An eligible Lead Agency means an organization that:
    1. Is a public agency or federally recognized tribe, or
    2. Is private, possessing tax-exempt 501(c)(3) status under the Internal Revenue Code (IRC), or has applied for tax-exempt status with the Internal Revenue Service (IRS), or 
      1. Is automatically tax-exempt and organized or operated exclusively for religious purposes under the IRC.; and
      2. Is not a penal institution.
    3. Has 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 that do not have a 501(c)(3) designation must verify that the organization is recognized in the community as a church. See Alternate 501(c)(3) Church Verification (AGR-2241).
    4. Meets additional criteria, as required by Food Assistance (FA), which may include being an existing Lead Agency or Sub Agency for other FA programs. 
    5. Is registered as a nonprofit corporation with the Secretary of State (SOS) Office in Washington.
    6. Is registered in the System for Award Management (SAM)  and continues to maintain an active SAM registration with current information at all times during which it is under Agreement. 
    7. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any federal or state department or agency from participating in transactions.
  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 shall:
    1. Have management capabilities to administer the Agreement with FA. These management capabilities include the following (see Sections 6-10 for more details):
      1. Executing and managing program Sub Agency Agreements.
      2. Developing Sub Agency management policies and procedures.
      3. Have financial capabilities, internal controls, and fund accounting procedures to ensure the proper disbursement of, and accounting for, all funds.
      4. 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 FA.
        2. EFAP is a reimbursement program and does not provide advance funding to the Lead Agency.
      5. Must indemnify, defend, and hold harmless and must assure Sub Agencies indemnify, defend, and hold harmless the state of Washington, the Washington State Department of Agriculture (WSDA), 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.
      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, WSDA, its elected and appointed officials, agents, and employees as additional insured’s.
  4. Lead Agency Program Management.
    1. The Lead Agency shall comply fully with, and ensure any Sub Agency complies fully with, the following EFAP requirements and responsibilities:
      1. All provisions of the FA Agreement and future amendments.
      2. All applicable federal and state laws, regulations and policies.
      3. EFAP Procedures Manual.
      4. FA instructions.
      5. Requirements relating to food safety and food recalls.
      6. Not all Lead Agency responsibilities are noted in this Section; additional responsibilities are highlighted throughout this manual.
  5.   Award amount based on the availability of funds and county allocation formula.
    1. Awards are based on the amount of EFAP funds available, and the allocation formula approved by FA. 
    2. If there is a reduction or increase in the amount of program funds available, FA may reduce or increase the amount of a Lead Agency's original award.
      1. Unless otherwise specifically identified in the Agreement or as Amended, funds must be treated in accordance with all decisions made at the Biennial Meeting or any subsequent meetings in which the voting Lead and Sub Agencies decide how to implement the change in funding levels.
  6. Expenditures are limited by the Agreement.
    1. Funds are allocated to each county by state fiscal year. Expenditures are limited to the amounts on the Agreement face sheet for each state fiscal year, even though Agreements cover a two-year period.
      1. Funds not spent in the first year may not be carried over to the second year of the Agreement.
      2. Second-year funds must not be spent in the first year.
  7. EFAP is a reimbursement program.
    1. Costs are reportable for the month in which the expenditures were incurred, and goods must be received prior to reimbursement. 
    2. Sub Agencies must provide their Lead Agency with all requested backup documentation of costs incurred and goods must be received prior to reimbursement. 
    3. The Lead Agency must reimburse their Sub Agencies before requesting reimbursement from FA.
  8. Funds may be reallocated among food pantries within a county.
    1. At any time during the Agreement, the Lead Agency and participating Food Pantries may vote to reallocate funds if the need among participating Food Pantries changes.
    2. The Lead Agency and Sub Agency Food Pantries must vote with a two-thirds agreement to reallocate funds.
      1. Reallocations among Food Pantries within a given county do not need the permission of FA; however, Lead Agencies must notify FA in writing, explaining the reason for the reallocation, and provide verification that the parties involved were in agreement.
    3. Exceptions:
      1. There may be certain circumstances that warrant flexibility for Lead Agencies to reallocate funds without a vote of the participating Food Pantries, such as a reallocation taking place in the last month of the fiscal year. Please contact your FA Regional Representative for further information.
    4. If the reallocation is due to a Food Pantry closure or termination, then the Lead Agency must follow the process as outlined in Section 10.2, Lead Agency Compliance Management. 
  9. May add new Food Pantries and Food Banks during the Agreement period.        
    1. The Lead Agency may choose, but is not required, to add new Food Pantries and Food Banks in its region any time during the Agreement period.
      1. The Lead Agency must have the support of two-thirds of the participating Food Pantries for the addition. Duplication of services may be a justification for not adding a new Food Pantry.
      2. When voting on duplication of service, each voting agency must provide justification for why duplication of service was determined.
      3. The Lead Agency must submit documentation to FA.
    2. If a new Food Pantry or Food Bank needs to be added due to a closure or termination, then the Lead Agency must follow the process as outlined in Section 10.2, Lead Agency Compliance Management. 
  10. Process for adding new Food Bank (s) and Food Pantries, including reallocation of funds due to closures or terminations.
    1. See Section 10.2, Lead Agency Compliance Management.
  11. Lead Agencies must have and maintain the required documentation for Sub Agencies on file.
    1. See Section 10.1.D, Required Reports and Schedule of Submittals for Sub Agencies. 
  12. Lead Agencies must provide Sub Agencies with program information.
    1. Lead Agencies must:
      1. Pass-through and/or amend program information that affects the management of EFAP to its Sub Agencies.
      2. Offer technical assistance to help Sub Agencies carry out their EFAP obligations.
      3. Provide EFAP updates to Sub Agencies, which may include:
        1. Regularly scheduled Sub Agency meetings.
        2. Quarterly email updates.
        3. Updates provided by FA.
  13. Lead Agencies may require Sub Agencies to attend meetings or training to help carry out their EFAP obligations.
    1. Required training.
    2. Required meetings.
  14. Lead Agencies and Food Bank Sub Agencies must provide match.
    1. Lead Agencies and 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.
  15. Food Pantry Sub Agencies must provide match.
    1. Food Pantry Sub Agencies can match their EFAP funds in two ways:
    2. They can 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).
    3. They can 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.
  16. Audits
    1. Participating agencies will meet the following audit requirements and submit the required documents from this Section to the agency with which they hold a program Agreement. The reporting schedule is as follows:
      1. Initial submittal: Within 30 days of execution of the Agreement (unless already submitted).
      2. Subsequent submittal: Annual or biennial submittal (as applicable) – due within 9 months of the end of the organization’s fiscal year.
    2. For organizations with fiscal years beginning on or after October 1, 2024, the Uniform Guidance Single Audit threshold increased from $750,000 to $1,000,000. This means the Single Audit threshold of expenditures increase would not be available for audit periods prior to October 1, 2024. Agencies should check with their Auditor for additional guidance.
    3. The value of USDA Foods (non-cash federal awards) received through TEFAP should be included within both the Lead Agency and Sub Agency audits under the appropriate Assistance Listing Number (10.569). For guidance on the valuation of USDA Foods, see USDA Policy Memo FD-104.
      1. Note: Additional details are available in the current, signed Agreement.
    4. Types of Audits:
      1. Federal Funding of $1,000,000 or more.
        1. If the Lead Agency expends $1,000,000 or more from all federal sources during the Lead Agency's fiscal year, as determined under 2 CFR §200.501 of the Federal Award Uniform Guidance, the Lead Agency will obtain an annual Single Audit conducted in compliance with Federal Award Uniform Guidance and the requirements of the Agreement. The $1,000,000 includes the value of food received from federal food programs. If also receiving state FA funding, a Schedule of State Assistance must be included within the audit.
      2. Federal Funding of $999,999.99 or less and State Funding of $100,000 or more.
        1. If the Lead Agency is not required to complete a Single Audit and expends $100,000 or more in total state funds in a fiscal year, the Lead Agency must have a financial audit at least every two (2) years that covers the previous two (2) years as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Auditing Standards (GAAS).
      3. The Lead Agency will submit a Single Audit Exemption Form (AGR-2207) signed by an independent Certified Public Accountant or an appropriate financial officer who provides financial services to the Lead Agency and submit annual audits to FA if the Lead Agency obtains annual audits for its own purposes. If also receiving state FA funding, a Schedule of State Assistance must be included within the audit.
    5. Additional Requirements:
      1. Federal Funding of $999,999.99 or less and State Funding of $99,999.99 or less.
        1. If the Lead Agency is not required to complete a Single Audit or a financial audit, the Lead Agency will submit an Accounting System Verification Form (AGR-2206) and a Single Audit Exemption Form (AGR-2207) signed by an independent Certified Public Accountant or an appropriate financial officer who provides financial services to the Lead Agency, annually.
        2. Additional submittals (as applicable). 
          1. Lead Agencies that receive less than $100,000 in state funding, less than $1,000,000 in federal funding, and do not receive an audit must submit an Accounting System Verification Form (AGR-2206) within 30 days of Agreement execution, and annually within 30 days of the end of the Lead Agency’s fiscal year.
          2. Lead Agencies that do not receive a Single Audit must submit the Single Audit Exemption Form (AGR-2207) within 30 days of Agreement execution, and annually within 30 days of the end of the Agency’s fiscal year.
        3. Lead Agencies must submit a copy of its most recent audit or financial statements, regardless of type, to FA, including any management letters with documentation showing how any problems (questioned costs, management findings, or inadequate internal controls) were resolved.
        4. Lead Agencies must ensure that all their Sub Agencies are compliant with all audit requirements listed in the Sub Agency Agreement and in Section 4.3, Sub Contracting Process for Sub Agreements Between Lead Agencies and Sub Agencies.
        5. A Lead Agency schedule of submittals can also be found in Section 10, Program and Compliance Management.
  17. Additional Resources:
    1. OMB Uniform Guidance Audit Requirements – Subpart F
  18. Contracting
    1. Prior to receiving funds the Lead Agency must:
      1. Meet all eligibility requirements as outlined in the approved Lead Agency Agreement and EFAP Procedures Manual.
      2. Have a fully executed Lead Agency Agreement.
        1. The Agency must enter into an Agreement with FA prior to engaging in program activities.
    2. Lead Agencies must have the ability to enter into Sub Agency Agreements
      1. Prior to passing through EFAP foods or administrative funds, the Lead Agency must first have an executed Agreement with FA before it can enter into Sub Agency Agreements with an eligible Sub Agency.
      2. Prior to passing through EFAP foods or funds the Lead Agency must fully execute Sub Agency Agreements with organizations that:
        1. Meet all eligibility requirements as outlined in the approved Sub Agency Agreement.
        2. Have an executed Sub Agency Agreement.
          1. The Sub Agency must enter into an Agreement with the Lead Agency for the receipt of EFAP foods or administrative funds.
    3. Approved Agreements must be consistent with the FA provided EFAP Food Pantry Sub Agency Agreement (AGR-2208) or Food Bank Sub Agency Agreement (AGR-2209) template as required by FA. Prior FA approval of any proposed changes is required, using FA Request for Alternate Language Approval (AGR-2325). The Lead Agency must maintain on file all required documentation.
  19. Lead Agencies shall not have been debarred.
    1. The Lead Agency shall notify FA within 30 days of any exclusion from participating in any federal or state transactions.
    2. The Lead Agency agrees to include the above requirements in all Sub Agency Agreements.
    3. Lead Agencies shall ensure their Sub Agencies are not debarred upon signature of a new Agreement and annually thereafter.
  20. Lead Agencies must provide Sub Agencies with program information.
    1. Pass through program information that affects the management of EFAP to its Sub Agencies. This includes information on new, modified, and ongoing policies and procedures.
    2. Provide Sub Agencies with a link to the EFAP Procedures Manual.
    3. Offer technical assistance to help Sub Agencies carry out their EFAP obligations.
    4. Ensure that Sub Agencies implement any policy changes.
      1. This may include notification of program changes or amendment to the Sub Agency Agreement.
  21. FA may require a Lead Agency to attend meetings or trainings.
    1. Notification of required or recommended attendance at meetings will be sent by FA.
    2. These may include meetings for:
      1. Updating the Lead Agency on policies or procedures.
      2. Providing information on changes in legislation or guidance affecting EFAP.
      3. Providing training that would result in better service to clients.
      4. Regional training meetings.
  22. Lead Agencies shall conduct compliance reviews of Sub Agency performance.
    1. The Lead Agency is responsible for monitoring their Sub Agencies once every two years. The Lead Agency must use a FA approved review form. Each year, upon request by FA, the Lead Agencies will provide a list of the sites they plan to review. Lead Agencies shall review Sub Agency activities to assure they are operating the program in accordance with the Sub Agency Agreement and applicable policies.
    2. This includes:
      1. Verifying that Sub Agency meets all criteria for EFAP Sub Agencies.
      2. Verifying all EFAP expenditures are appropriate and reported timely, and that other applicable policies are followed.
      3. Review the client intake process – including intake forms and electronic systems.
      4. Review distribution practices including the monthly distribution rate.
      5. Review storage and warehousing practices.
  23. Lead Agencies must take action to correct Sub Agencies’ performance.
    1. The Lead Agency shall take action to correct any Sub Agency noncompliance:
      1. Lead Agencies may give a Sub Agency a specific period of time to comply and shall follow the process for suspending or terminating a Sub Agency as outlined in the Sub Agency Agreement.
      2. If corrective action deficiencies are found during the review, the Lead Agency must send a copy of the written report or form to FA. Corrective actions are typically used when a deficiency is significant in nature, denial by Sub Agency to correct the deficiency, or historical noncompliance by the Sub Agency in addressing lower-level deficiencies.
      3. Lead Agencies shall ensure that any required follow-up or corrective action has been completed and noted in the Sub Agency’s file or review form.
  24. Adhere to other EFAP requirements and policies.
    1. The Lead Agency will maintain current records with all Sub Agency Site Lists, monitoring changes in Sub Agencies' contact person’s name, telephone number, mailing and/or physical address. Lead Agency will submit updated Sub Agency information to FA on an annual basis.
    2. The Lead Agency is required to notify FA within 10 days regarding changes to Sub Agency eligibility, addition of new distribution sites, or closure of distribution sites.
    3. Lead Agencies that provide direct services must register with 211, the statewide health and human services information and referral system within 30 days of the start date of the Agreement.
    4. The Lead Agency shall be registered in the System for Award Management (SAM) and continue to maintain an active SAM registration with current information at all times during which it is under Agreement and receives funding.
    5. Maintain Internal Revenue Code (IRC) 501(c)(3) status and Washington Secretary of State Corporation Registration, as applicable.
    6. In order to receive payment from FA the Lead Agency must first register with the Statewide Vendor/Payee Services. When registering, an agency may choose to have payments directly deposited to an agency bank or mailed as a check.
  25. 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.
  26. Civil Rights.
    1. ​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 Food Bank Sub Agency Eligibility Criteria

  1. Food Bank Sub Agency eligibility criteria.
    1. The Lead Agency shall determine the eligibility of any Sub Agency prior to Sub Agency Agreements being issued. 
    2. Sub Agencies must meet the criteria as required by the Sub Agency Agreement, the EFAP Procedures Manual, and those specified by the Lead Agency. 
    3. An eligible Sub Agency means an organization that:
      1. Is a public agency or federally recognized tribe, or
      2. Is private, possessing 501(c)(3) tax-exempt status under the Internal Revenue Code (IRC), has applied for tax-exempt status with the Internal revenue Service (IRS) and be moving toward such status, or
      3. Is automatically tax exempt as organized or operated exclusively for religious purposes under the IRC.
      4. Is not a penal institution.
      5. Meets the criteria to enter into an agreement with the designated Lead Agency prior to the receipt of EFAP foods or funds.
      6. Be in operation as a Food Bank for at least one year prior to the beginning date of the Agreement.
      7. Be able to provide adequate storage relative to the quantities needed to meet the demands of your service area for this Agreement.
      8. Is prepared to complete the Alternate 501(c)(3) Church Verification Form (AGR-2241) verifying that, as organization without 501(c)(3) status with the IRS, it is recognized in the community as a church.
      9. Is currently registered as a nonprofit corporation with the Secretary of State Office in Washington (as applicable).
      10. Has a Unique Entity Identification (UEI) number assigned in the System for Award Management (SAM).
      11. Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Federal or State department or agency from participating in transactions.
    4. 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 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:
        1. 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).
        2. Violation of federal or state antitrust statutes.
        3. 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.
      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. Eligible Food Bank Sub Agencies must 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.
    2. 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 may be used to meet the match requirements of other programs or grants.
        1. The purpose of the match requirement is to show the impact of EFAP dollars and the scope of resources used to support hunger relief work in Washington State's emergency food system.
      5. 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 $1,000,000 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 Food Pantry Sub Agency Eligibility Criteria

  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 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 may be used to meet the match requirements of other programs or grants.
        1. The purpose of the match requirement is to show the impact of EFAP dollars and the scope of resources used to support hunger relief work in Washington State's emergency food system. 
      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 $1,000,000 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.

5.4 Food Assistance Program Management

  1. Award amount based on the availability of funds and county allocation formula.
    1. Awards are based on the amount of EFAP funds made by the state legislature, and the allocation formula approved by Food Assistance (FA).
    2. If there is a reduction or increase in the amount of program funds available, FA may reduce or increase the amount of a Lead Agency's original award.
    3. Unless otherwise specifically identified in the Agreement, or as Amended, funds must be treated in accordance with EFAP regulations.
      1. Any discretionary funding provided will be done so by Agreement or by Amendment and clearly outline the purpose and use of the funding.
  2. FA must have and maintain all required documentation for Lead Agencies on file.
    1. Be advised that all documentation is considered public information and subject to public disclosure.
  3. FA must provide Lead Agencies and other partners with program information.
    1. At a minimum, this includes:
      1. Passing-through and/or amending program information that affects the management of EFAP to its Lead Agencies.
      2. Offering technical assistance to help Lead Agencies carry out their EFAP obligations. This includes information on program-related guidelines, helping to identify other resources, offering information on best practices, and assistance with fiscal issues.
      3. Conducting regularly scheduled general check-in meetings for Lead Agencies, Sub Agencies, and the hunger relief community.
      4. Provide EFAP updates to Lead Agencies, which may include:
        1. Regularly scheduled monthly Lead Agency Meetings.
        2. Sub Agency meetings.
        3. Topic specific meetings.
        4. Quarterly email updates.
        5. Other updates provided by FA.
      5. Updating the FA webpage.
      6. Sharing updates through the Washington Food Coalition (WFC).
      7. Active involvement with the WFC FA Advisory Committee.
      8. Presentations at the WFC annual conference.
      9. Annual EFAP report.
  4. FA may require Lead Agencies to attend meetings or training.
    1. Notification of required attendance at meetings will be sent by FA. These may include meetings for:
      1. Updating Lead Agencies on EFAP requirement clarifications.
      2. Providing information on changes in legislation affecting EFAP.
      3. Providing training that would result in better service to clients.
      4. Planning sessions.
  5. Determining in-kind values. In-kind contribution is the value that is placed on donated services, materials, equipment, food, and other, as determined by EFAP, or fair market value as determined by the Lead Agency and Sub Agency in conjunction with their CPA or tax advisor. The determination is based on the following:
    1. Services/Labor – Identify the number of hours provided, and the hourly value (to be determined by the agency, based on a fair market salary, minimum wage, or FA's current suggested biennial value of $19.66 per hour. Calculate the total for each volunteer.
      1. This in-kind labor rate is used solely for EFAP close-out reporting. Agencies may use this rate, or a Fair Market Value rate, established in conjunction with their CPA or tax advisor as per the EFAP Procedures Manual and Agreements.
      2. The EFAP in-kind labor rate is to be used internally by agencies and is not a rate to be used in receipting donors for their in-kind donations of labor. Donors are responsible for determining the fair market value of their own donations in conjunction with their own personal accountants or tax advisors.
    2. Equipment/Supplies – Use the amount the donor has declared. If not available, estimate a fair market value.
    3. Transportation – Donated volunteer mileage is calculated at the current state rate. Use the actual cost of donated transportation as declared by commercial carriers.
    4. Food – Estimate a fair market value or use FA’s current suggested biennial value of $2.25 per pound.
      1. This in-kind food donation value rate is used solely for EFAP closeout reporting. Agencies may use this rate, or a fair market value rate, established in conjunction with their CPA or tax advisor as per the EFAP Procedures Manual and Agreements.
      2. The EFAP in-kind food donation value rate is to be used internally by agencies and is not a rate to be used in receipting donors for their in-kind donations of food. Donors are responsible for determining the fair market value of their own donations in conjunction with their own personal accountants or tax advisors.
      3. For EFAP reporting, TEFAP and CSFP commodities can be valued as in-kind match at the rate of $2.25 per pound. However, for audit purposes, TEFAP and CSFP commodities must be valued based on the actual product cost of each commodity received based on the current USDA price list published by WSDA each October 1.
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EFAP Procedures Manual Table of Contents
Section 4 Section 6
Revision History
Section 5 Revision 2025-09-30