[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: 34CFR85.415]



[Page 270]

 

                           TITLE 34--EDUCATION

 

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

of Contents

 

    Subpart D_Responsibilities of ED Officials Regarding Transactions

 

Sec.  85.415  What must I do if a Federal agency excludes the participant 

or a principal after I enter into a covered transaction?



    (a) You as an agency official may continue covered transactions with 

an excluded person, or under which an excluded person is a principal, if 

the transactions were in existence when the person was excluded. You are 

not required to continue the transactions, however, 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.

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

cost time extensions) with any excluded person, or under which an 

excluded person is a principal, unless you obtain an exception under 

Sec.  85.120.

    (c) Title IV, HEA transactions. If you are a title IV, HEA 

participant--

    (1) You may not renew or extend the term of any contract or 

agreement for the services of an excluded person as a principal with 

respect to a title IV, HEA transaction; and

    (2) You may not continue to use the services of that excluded person 

as a principal under this kind of an agreement or arrangement more than 

90 days after you learn of the exclusion or after the close of the 

Federal fiscal year in which the exclusion takes effect, whichever is 

later.



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.