45 CFR 2544.130 – How will the Corporation determine whether to solicit or accept a donation?
(a) The Corporation will solicit and accept a donation only for the purpose of furthering the mission and goals of the Corporation.
Terms Used In 45 CFR 2544.130
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(b) In order to be accepted, the donation must be economically advantageous to the Corporation, considering foreseeable expenditures for matters such as storage, transportation, maintenance, and distribution.
(c) An official or employee of the Corporation will not solicit or accept a donation if the solicitation or acceptance would present a real or apparent conflict of interest. An apparent conflict of interest is presented if the solicitation or acceptance would raise a question in the mind of a reasonable person, with knowledge of the relevant facts, about the integrity of the Corporation’s programs or operations.
(d) The Corporation will determine whether a conflict of interest exists by considering any business relationship, financial interest, litigation, or other factors that may indicate such a conflict. Donations of property or voluntary services may not be solicited or accepted from a source which:
(1) Is a party to a grant or contract with the Corporation or is seeking to do business with the Corporation;
(2) Has pecuniary interests that may be substantially affected by performance or nonperformance of the Corporation; or
(3) Is an organization a majority of whose members are described in paragraphs (d)(1) and (2) of this section.
(e) Any solicitation or offer of a donation that raises a question or concern of a potential, real, or apparent conflict of interest will be forwarded to the Corporation’s Designated Ethics Official for an opinion.