Part 85 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)  


§ 85.25 How is this part organized?
§ 85.50 How is this part written?
§ 85.75 Do terms in this part have special meanings?
Subpart A — General
§ 85.100 What does this part do?
§ 85.105 Does this part apply to me?
§ 85.110 What is the purpose of the nonprocurement debarment and suspension system?
§ 85.115 How does an exclusion restrict a person's involvement in covered transactions?
§ 85.120 May we grant an exception to let an excluded person participate in a covered transaction?
§ 85.125 Does an exclusion under the nonprocurement system affect a person's eligibility for Federal procurement contracts?
§ 85.130 Does exclusion under the Federal procurement system affect a person's eligibility to participate in nonprocurement transactions?
§ 85.135 May the Department of Education exclude a person who is not currently participating in a nonprocurement transaction?
§ 85.140 How do I know if a person is excluded?
§ 85.145 Does this part address persons who are disqualified, as well as those who are excluded from nonprocurement transactions?
Appendix to Part 85—Covered Transactions
Subpart B — Covered Transactions
§ 85.200 What is a covered transaction?
§ 85.205 Why is it important if a particular transaction is a covered transaction?
§ 85.210 Which nonprocurement transactions are covered transactions?
§ 85.215 Which nonprocurement transactions are not covered transactions?
§ 85.220 Are any procurement contracts included as covered transactions?
§ 85.225 How do I know if a transaction in which I may participate is a covered transaction?
Subpart C — Responsibilities of Participants Regarding Transactions
§ 85.300 What must I do before I enter into a covered transaction with another person at the next lower tier?
§ 85.305 May I enter into a covered transaction with an excluded or disqualified person?
§ 85.310 What must I do if a Federal agency excludes a person with whom I am already doing business in a covered transaction?
§ 85.315 May I use the services of an excluded person as a principal under a covered transaction?
§ 85.320 Must I verify that principals of my covered transactions are eligible to participate?
§ 85.325 What happens if I do business with an excluded person in a covered transaction?
§ 85.330 What requirements must I pass down to persons at lower tiers with whom I intend to do business?
§ 85.335 What information must I provide before entering into a covered transaction with the Department of Education?
§ 85.340 If I disclose unfavorable information required under §85.335, will I be prevented from participating in the transaction?
§ 85.345 What happens if I fail to disclose information required under §85.335?
§ 85.350 What must I do if I learn of information required under §85.335 after entering into a covered transaction with the Department of Education?
§ 85.355 What information must I provide to a higher tier participant before entering into a covered transaction with that participant?
§ 85.360 What happens if I fail to disclose the information required under §85.355?
§ 85.365 What must I do if I learn of information required under §85.355 after entering into a covered transaction with a higher tier participant?
Subpart D — Responsibilities of ED Officials Regarding Transactions
§ 85.400 May I enter into a transaction with an excluded or disqualified person?
§ 85.405 May I enter into a covered transaction with a participant if a principal of the transaction is excluded?
§ 85.410 May I approve a participant's use of the services of an excluded person?
§ 85.415 What must I do if a Federal agency excludes the participant or a principal after I enter into a covered transaction?
§ 85.420 May I approve a transaction with an excluded or disqualified person at a lower tier?
§ 85.425 When do I check to see if a person is excluded or disqualified?
§ 85.430 How do I check to see if a person is excluded or disqualified?
§ 85.435 What must I require of a primary tier participant?
§ 85.440 What method do I use to communicate those requirements to participants?
§ 85.445 What action may I take if a primary tier participant knowingly does business with an excluded or disqualified person?
§ 85.450 What action may I take if a primary tier participant fails to disclose the information required under §85.335?
§ 85.455 What may I do if a lower tier participant fails to disclose the information required under §85.355 to the next higher tier?
Subpart E — Excluded Parties List System
§ 85.500 What is the purpose of the Excluded Parties List System (EPLS)?
§ 85.505 Who uses the EPLS?
§ 85.510 Who maintains the EPLS?
§ 85.515 What specific information is in the EPLS?
§ 85.520 Who places the information into the EPLS?
§ 85.525 Whom do I ask if I have questions about a person in the EPLS?
§ 85.530 Where can I find the EPLS?
Subpart F — General Principles Relating to Suspension and Debarment Actions
§ 85.600 How do suspension and debarment actions start?
§ 85.605 How does suspension differ from debarment?
§ 85.610 What procedures does the Department of Education use in suspension and debarment actions?
§ 85.611 What procedures do we use for a suspension or debarment action involving a title IV, HEA transaction?
§ 85.612 When does an exclusion by another agency affect the ability of the excluded person to participate in a title IV, HEA transaction?
§ 85.615 How does the Department of Education notify a person of a suspension or debarment action?
§ 85.620 Do Federal agencies coordinate suspension and debarment actions?
§ 85.625 What is the scope of a suspension or debarment?
§ 85.630 May the Department of Education impute conduct of one person to another?
§ 85.635 May the Department of Education settle a debarment or suspension action?
§ 85.640 May a settlement include a voluntary exclusion?
§ 85.645 Do other Federal agencies know if the Department of Education agrees to a voluntary exclusion?
Subpart G — Suspension
§ 85.700 When may the suspending official issue a suspension?
§ 85.705 What does the suspending official consider in issuing a suspension?
§ 85.710 When does a suspension take effect?
§ 85.711 When does a suspension affect title IV, HEA transactions?
§ 85.715 What notice does the suspending official give me if I am suspended?
§ 85.720 How may I contest a suspension?
§ 85.725 How much time do I have to contest a suspension?
§ 85.730 What information must I provide to the suspending official if I contest a suspension?
§ 85.735 Under what conditions do I get an additional opportunity to challenge the facts on which the suspension is based?
§ 85.740 Are suspension proceedings formal?
§ 85.745 How is fact-finding conducted?
§ 85.750 What does the suspending official consider in deciding whether to continue or terminate my suspension?
§ 85.755 When will I know whether the suspension is continued or terminated?
§ 85.760 How long may my suspension last?
Subpart H — Debarment
§ 85.800 What are the causes for debarment?
§ 85.805 What notice does the debarring official give me if I am proposed for debarment?
§ 85.810 When does a debarment take effect?
§ 85.811 When does a debarment affect title IV, HEA transactions?
§ 85.815 How may I contest a proposed debarment?
§ 85.820 How much time do I have to contest a proposed debarment?
§ 85.825 What information must I provide to the debarring official if I contest a proposed debarment?
§ 85.830 Under what conditions do I get an additional opportunity to challenge the facts on which a proposed debarment is based?
§ 85.835 Are debarment proceedings formal?
§ 85.840 How is fact-finding conducted?
§ 85.845 What does the debarring official consider in deciding whether to debar me?
§ 85.850 What is the standard of proof in a debarment action?
§ 85.855 Who has the burden of proof in a debarment action?
§ 85.860 What factors may influence the debarring official's decision?
§ 85.865 How long may my debarment last?
§ 85.870 When do I know if the debarring official debars me?
§ 85.875 May I ask the debarring official to reconsider a decision to debar me?
§ 85.880 What factors may influence the debarring official during reconsideration?
§ 85.885 May the debarring official extend a debarment?
Subpart I — Definitions
§ 85.900 Adequate evidence.
§ 85.905 Affiliate.
§ 85.910 Agency.
§ 85.915 Agent or representative.
§ 85.920 Civil judgment.
§ 85.925 Conviction.
§ 85.930 Debarment.
§ 85.935 Debarring official.
§ 85.940 Disqualified.
§ 85.942 ED Deciding Official.
§ 85.945 Excluded or exclusion.
§ 85.950 Excluded Parties List System
§ 85.952 HEA.
§ 85.955 Indictment.
§ 85.960 Ineligible or ineligibility.
§ 85.965 Legal proceedings.
§ 85.970 Nonprocurement transaction.
§ 85.975 Notice.
§ 85.980 Participant.
§ 85.985 Person.
§ 85.990 Preponderance of the evidence.
§ 85.995 Principal.
§ 85.1000 Respondent.
§ 85.1005 State.
§ 85.1010 Suspending official.
§ 85.1015 Suspension.
§ 85.1016 Title IV, HEA participant.
§ 85.1017 Title IV, HEA program.
§ 85.1018 Title IV, HEA transaction.
§ 85.1020 Voluntary exclusion or voluntarily excluded.
Subpart J [Reserved]

Authority

E.O. 12549 (3 CFR 1986 Comp., p.189); E.O. 12698 (3 CFR 1989 Comp., p.235); sec. 2455, Pub. L. 103–355, 108 Stat. 3327 (31 U.S.C. 6101 note); 20 U.S.C. 1082, 1094, 1221e-3, and 3474, unless otherwise noted.

Source

68 FR 66544, 66611, 66612, 66613, 66614, Nov. 26, 2003, unless otherwise noted.