[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: 34CFR85.310]



[Page 267]

 

                           TITLE 34--EDUCATION

 

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

of Contents

 

    Subpart C_Responsibilities of Participants Regarding Transactions

 

Sec.  85.310  What must I do if a Federal agency excludes a person with 

whom I am already doing business in a covered transaction?



    (a) You as a participant may continue covered transactions with an 

excluded person if the transactions were in existence when the agency 

excluded the person. However, you are not required to continue the 

transactions, and you may consider termination. You should make a 

decision about whether to terminate and the type of termination action, 

if any, only after a thorough review to ensure that the action is proper 

and appropriate.

    (b) You may not renew or extend covered transactions (other than no-

cost time extensions) with any excluded person, unless the Department of 

Education grants an exception under Sec.  85.120.

    (c) If you are a title IV, HEA participant, you may not continue a 

title IV, HEA transaction with an excluded person after the effective 

date of the exclusion unless permitted by 34 CFR 668.26, 682.702, or 

668.94, as applicable



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.