34 CFR § 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?

---
identifier: "/us/cfr/t34/s367.64"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "34 CFR § 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?"
title_number: 34
title_name: "Education"
section_number: "367.64"
section_name: "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?"
chapter_name: "OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION"
part_number: "367"
part_name: "INDEPENDENT LIVING SERVICES FOR OLDER INDIVIDUALS WHO ARE BLIND"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sections 751-753 of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 796j-796l, unless otherwise noted."
regulatory_source: "81 FR 55583, Aug. 19, 2016, unless otherwise noted."
cfr_part: "367"
---


# 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.

(Authority: Section 752(f) and (g) of the Rehabilitation Act of 1973, as amended; 29 U.S.C. 796k(f) and (g))