![]() |
Code of Federal Regulations (Last Updated: October 31, 2018) |
![]() |
Title 34 - Education |
![]() |
Subtitle A — OFFICE OF THE SECRETARY, DEPARTMENT OF EDUCATION |
![]() |
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.