[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR85.440] [Page 271] TITLE 34--EDUCATION PART 85_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) --Table of Contents Subpart D_Responsibilities of ED Officials Regarding Transactions Sec. 85.440 What method do I use to communicate those requirements to participants? (a) To communicate those requirements, you must include a term or condition in the transaction requiring each participant's compliance with subpart C of this part and requiring the participant to include a similar term or condition in lower-tier covered transactions. (b) The failure of a participant to include a requirement to comply with Subpart C of this part in the agreement with a lower tier participant does not affect the lower tier participant's responsibilities under this part. Authority: E.O. 12549 (3 CFR, 1985 Comp., p. 189); E.O. 12689 (3 CFR 1989 Comp., p. 235); 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455 of Pub. L. 103-355, 108 Stat. 3243 at 3327. [68 FR 66612, Nov. 26, 2003]