---
kind: "section"
citation: "34 C.F.R. § 367.64"
title: "34"
number: "367.64"
heading: "What is the prohibition against a State's condition of an award of a sub-award or contract based on cash or in-kind contributions?"
url: "https://uscodex.org/cfr/34/367.64"
---

# §367.64. What is the prohibition against a State's condition of an award of a sub-award or contract based on cash or in-kind contributions?

- (a) A State may not condition the making of a subaward or contract under section 752(g) of the Act on the requirement that the applicant for the subaward or contract make a cash or in-kind contribution of any particular amount or value to the State.
- (b) An individual, entity, or organization that is a subrecipient or contractor of the State, may not condition the award of a subcontract on the requirement that the applicant for the subcontract make a cash or in-kind contribution of any particular amount or value to the State or to the subrecipient or contractor of the State.

## Notes

### Authority

Authority: Sections 751-753 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 796j-796l, unless otherwise noted.

### Source

Source: 81 FR 55583, Aug. 19, 2016, unless otherwise noted.