---
kind: "section"
citation: "41 C.F.R. § 102-37.285"
title: "41"
number: "102-37.285"
heading: "Eligibility criteria."
url: "https://uscodex.org/cfr/41/102-37.285"
---

# §102-37.285. Eligibility criteria.


To qualify for donation program eligibility through a SASP, an applicant must:

- (a) Conform to the definition of one of the categories of eligible entities listed in [§ 102-37.275](/cfr/41/102-37.275.md);
- (b) Demonstrate that it meets any approval, accreditation, or licensing requirements for operation of its program;
- (c) Prove that it is a public agency or a nonprofit and tax-exempt organization under section 501 of the Internal Revenue Code;
- (d) Certify that it is not debarred, suspended, or excluded from any Federal program, including procurement programs; and
- (e) **Operate in compliance with applicable Federal nondiscrimination statutes.**

## Notes

### Authority

Authority: 40 U.S.C. 549 and 121(c).

### Source

Source: 90 FR 58444, Dec. 16, 2025, unless otherwise noted.