CFR > Title 34 - Education > SUBTITLE A—Office of the Secretary, Department of Education > PART 85—GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) > SUBPART C—Responsibilities of Participants Regarding Transactions (§85.300 to §85.365) > 85.315—May I use the services of an excluded person as a principal under a covered transaction?

85.315—May I use the services of an excluded person as a principal under a covered transaction?

(a) You as a participant may continue to use the services of an excluded person as a principal under a covered transaction if you were using the services of that person in the transaction before the person was excluded. However, you are not required to continue using that person's services as a principal. You should make a decision about whether to discontinue that person's services only after a thorough review to ensure that the action is proper and appropriate.
(b) You may not begin to use the services of an excluded person as a principal under a covered transaction unless the Department of Education grants an exception under § 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.

Code of Federal Regulations

(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)