[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR85.145]



[Page 265]

 

                           TITLE 34--EDUCATION

 

PART 85_GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)--Table 

of Contents

 

                            Subpart A_General

 

Sec.  85.145  Does this part address persons who are disqualified, as 

well as those who are excluded from nonprocurement transactions?



    Except if provided for in Subpart J of this part, this part--

    (a) Addresses disqualified persons only to--

    (1) Provide for their inclusion in the EPLS; and

    (2) State responsibilities of Federal agencies and participants to 

check for disqualified persons before entering into covered 

transactions.

    (b) Does not specify the--

    (1) ED transactions for which a disqualified person is ineligible. 

Those transactions vary on a case-by-case basis, because they depend on 

the language of the specific statute, Executive order, or regulation 

that caused the disqualification;

    (2) Entities to which the disqualification applies; or

    (3) Process that the agency uses to disqualify a person. Unlike 

exclusion, disqualification is frequently not a discretionary action 

that a Federal agency takes.



Authority: E.O. 12549 (3 CFR, 1986 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, Pub. L. 103-355, 108 Stat. 3243 at 3327.