§ 84.510 What actions will the Federal Government take against a recipient determined to have violated this part?

If a recipient is determined to have violated this part, as described in § 84.500 or §84.505, the Department of Education may take one or more of the following actions

(a) Suspension of payments under the award;

(b) Suspension or termination of the award; and

(c) Suspension or debarment of the recipient under 34 CFR Part 85, for a period not to exceed five years.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.515 Are there any exceptions to those actions?

The ED Deciding Official may waive with respect to a particular award, in writing, a suspension of payments under an award, suspension or termination of an award, or suspension or debarment of a recipient if the ED Deciding Official determines that such a waiver would be in the public interest. This exception authority cannot be delegated to any other official.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

Subpart F-Definitions

§ 84.605 Award.

Award means an award of financial assistance by the Department of Education or other Federal agency directly to a recipient.

(a) The term award includes:

(1) A Federal grant or cooperative agreement, in the form of money or property in lieu of money.

(2) A block grant or a grant in an entitlement program, whether or not the grant is exempted from coverage under the Governmentwide rule 34 CFR Part 85 that implements OMB Circular A-102 (for availability, see 5 CFR 1310.3) and specifies uniform administrative requirements.

(b) The term award does not include: (1) Technical assistance that provides services instead of money.

(2) Loans.

(3) Loan guarantees.
(4) Interest subsidies.
(5) Insurance.

(6) Direct appropriations.

(7) Veterans' benefits to individuals (i.e., any benefit to veterans, their families, or survivors by virtue of the service of a veteran in the Armed Forces of the United States).

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.610 Controlled substance.

Controlled substance means a controlled substance in schedules I through V of the Controlled Substances Act (21 U.S.C. 812), and as further defined by regulation at 21 CFR 1308.11 through 1308.15.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.615 Conviction.

Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.620 Cooperative agreement.

Cooperative agreement means an award of financial assistance that, consistent with 31 U.S.C. 6305, is used to enter into the same kind of relationship as a grant (see definition of grant in $84.650), except that substantial involvement is expected between the Federal agency and the recipient when carrying out the activity contemplated by the award. The term does not include cooperative research and development agreements as defined in 15 U.S.C. 3710a.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.625 Criminal drug statute.

Criminal drug statute means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

$84.630 Debarment.

Debarment means an action taken by a Federal agency to prohibit a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions. A recipient so prohibited is debarred, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§84.635 Drug-free workplace.

Drug-free workplace means a site for the performance of work done in connection with a specific award at which employees of the recipient are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

$84.640 Employee.

(a) Employee means the employee of a recipient directly engaged in the performance of work under the award, including

(1) All direct charge employees;

(2) All indirect charge employees, unless their impact or involvement in the performance of work under the award is insignificant to the performance of the award; and

(3) Temporary personnel and consultants who are directly engaged in the performance of work under the award and who are on the recipient's payroll.

Grant means an award of financial assistance that, consistent with 31 U.S.C. 6304, is used to enter into a relationship

(a) The principal purpose of which is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, rather than to acquire property or services for the Federal Government's direct benefit or use; and

(b) In which substantial involvement is not expected between the Federal agency and the recipient when carrying out the activity contemplated by the award.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.655 Individual.

Individual means a natural person. (Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.660 Recipient.

Recipient means any individual, corporation, partnership, association, unit of government (except a Federal agency) or legal entity, however organized,

that receives an award directly from a Federal agency.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.665 State.

State means any of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

§ 84.670 Suspension.

Suspension means an action taken by a Federal agency that immediately prohibits a recipient from participating in Federal Government procurement contracts and covered nonprocurement transactions for a temporary period, pending completion of an investigation and any judicial or administrative proceedings that may ensue. A recipient so prohibited is suspended, in accordance with the Federal Acquisition Regulation for procurement contracts (48 CFR part 9, subpart 9.4) and the common rule, Governmentwide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689. Suspension of a recipient is a distinct and separate action from suspension of an award or suspension of payments under an award.

(Authority: E.O.s 12549 and 12689; 20 U.S.C. 1082, 1094, 1221e-3 and 3474; and Sec. 2455, Pub. L. 103-355, 108 Stat. 3243 at 3327.)

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?

Subpart B-Covered Transactions

85.200 What is a covered transaction? 85.205 Why is it important to know 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?

Subpart C-Responsibilities of Participants Regarding Transactions

DOING BUSINESS WITH OTHER PERSONS 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?

DISCLOSING INFORMATION-PRIMARY TIER PARTICIPANTS

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 the information required under § 85.335?

85.350 What must I do if I learn of the information required under §85.335 after entering into a covered transaction with the Department of Education?

DISCLOSING INFORMATION-LOWER TIER
PARTICIPANTS

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?

Subpart D-Responsibilities of ED Officials Regarding Transactions

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?

Subpart E-Excluded Parties List System

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?

Subpart F-General Principles Relating to Suspension and Debarment Actions

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 title IV, HEA transaction?

85.612 When does an exclusion by another agency affect the ability of the excluded person to participate in title IV, HEA transaction?

85.615 How does the Department of Education notify a person of a suspension and debarment action?

85.620 Do Federal agencies coordinate suspension and debarment actions?

85.625 What is the scope of a suspension or debarment action?

85.630 May the Department of Education impute the 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?

Subpart G-Suspension

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?