TITLE 34 - EDUCATION

SUBTITLE A - OFFICE OF THE SECRETARY, DEPARTMENT OF EDUCATION

PART 85 - GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT)

subpart h - DEBARMENT

85.825 - What information must I provide to the debarring official if I contest a proposed debarment?

  (a) In addition to any information and argument in opposition, as a respondent your submission to the debarring official must identify (1) Specific facts that contradict the statements contained in the Notice of Proposed Debarment. Include any information about any of the factors listed in 85.860. A general denial is insufficient to raise a genuine dispute over facts material to the debarment; (2) All existing, proposed, or prior exclusions under regulations implementing E.O. 12549 and all similar actions taken by Federal, State, or local agencies, including administrative agreements that affect only those agencies; (3) All criminal and civil proceedings not included in the Notice of Proposed Debarment that grew out of facts relevant to the cause(s) stated in the notice; and (4) All of your affiliates.

  (b) If you fail to disclose this information, or provide false information, the Department of Education may seek further criminal, civil or administrative action against you, as appropriate.

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. 103355, 108 Stat. 3243 at 3327.