Summary of Federal Laws
Government Contracts
Certification of Principals for Federal Funding
34 C.F.R. Part 85
Colleges and universities receiving federal funding are required to make certain certifications. The applicant for federal funding must certify, among other things, that neither it nor its principals have been debarred or suspended from participating in any federal program, and that they have not been convicted of or had civil judgments entered against them for fraud or certain other offenses. The regulations provide that participants in federal funding programs may decide the method and frequency by which they determine the eligibility of their principals. Principals include officers, directors, key employees, and other persons with management or supervisory responsibilities. The school must provide immediate notice to the Department of Education (the office with which it contracted) if it learns that the certification was erroneous or becomes erroneous after it is submitted See 34 CFR 85.350. The school must obtain the same certification from the subcontractor. 34 CFR 85.300. The school must verify that any person entering into a subcontract with the school as principal is qualified. This can be done by checking the Excluded Parties List System before entering into a subcontract, or collecting a certification from the person if allowed by the regulations, or adding a clause or condition to the covered transaction.
Executive Order Number 12,549, February 18, 1986 (51 Fed. Reg. 6370), deals with debarment or suspension for fraudulent or improper use of federal funds. See also 48 C.F.R. Subpart 9.400.
See also Executive Orders 11,246 and 11,375 for affirmative action requirements in government contracting.
Resources
Excluded Parties List System
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Sample Certification Form
CFR updated 10/21/08 rab
links updated 6/12/08 rab
links updated 2/26/09 rab
updated 2/28/09 to add compliance partner and resources and new text
compliance box links updated 6/2/09 rab Last Revised 02-Jun-09 10:34 AM.
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