2005 CFR Title 34, Volume 1

Title 34--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?
	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?
	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?
	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?
	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?
	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?
	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?
	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?
	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?
	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.