(a) Selection criteria. CEs shall be selected for participation in TEFAP based on the following criteria:
  (1) The organization's geographic location;
  (2) The number of eligible persons who live in the organization's service area, as identified by poverty, unemployment, or other statistics;
  (3) The organization's food storage capacity;
  (4) The organization's ability to receive, handle, safeguard, and distribute large volumes of product;
  (5) The organization's ability to effectively and efficiently distribute USDA Foods throughout its service area with or without access to limited federal funds earmarked to reimburse certain allowable administrative costs;
  (6) The organization's ability and willingness to submit financial statements, reports, or other information requested or required by TDA;
  (7) The organization's access to donated food and funds from sources other than USDA;
  (8) The organization's willingness to supplement USDA Foods with non-USDA Foods and provide both to eligible sub-agencies;
  (9) The organization's existing food distribution channels;
  (10) The organization's activity in developing, or assisting other entities to develop, distribution or feeding sites to ensure service to all parts of its service areas;
  (11) The organization's connection to and level of cooperation with organizations that have similar operations and goals, including a goal to ensure the availability of food assistance in all areas of the state;
  (12) The organization's ability and willingness to network with and distribute USDA Foods to other food providers;
  (13) The organization's willingness and capacity to accomplish the following:
    (A) Serve all participants through CE services and/or through sub-agency services;
    (B) Handle program administration, distribution, record maintenance, and eligibility determinations; and
    (C) Comply with all program requirements as required by policy and guidance from TDA and USDA;
  (14) The organization's total caseload based on services provided to a specific recipient group within any service area; and
  (15) The organization's agreement that providing false or fraudulent information in conjunction with an application for participation is subject to penalties.
(b) EFO agreements. TDA reserves the right to make agreements with any type of EFO to ensure program access.

Source Note: The provisions of this §26.104 adopted to be effective April 15, 2019, 44 TexReg 1839