The Catholic University of America

Summary of Federal Laws

Government Contracts

Certification of Principals for Federal Funding

Compliance Partners

Associate Provost for Research

48 CFR 252.203-7001

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. The school must obtain the same certification from the subcontractor. 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.

 

Final Rule, Defense Federal Acquisition Regulation Supplement: System for Award Management Name Changes, Phase 1 Implementation (DFARS Case 2012-D053) 78 Fed. Reg. 28756, May 16, 2103

This is a final rule amending DFARS to reflect joining Central Contractor Registration, Online Representations and Certification Application (ORCA) and Excluded Parties Listing System (EPLS) databases into the SAM database. This is effective May 16, 2013.

 



Resources

GAO 2009 Report on Excluded Parties List System*

How to Perform an EPLS Search  Power Point by Debbie Jackson, Sr. Director, Strategic Sourcing and Procurement, The Catholic Univeristy of America, July 2013

Excluded Parties List System Now called System for Award Management (SAM)

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Sample Certification Form

GWU Federally Debarred Suppliers Policy*

  Q and A on SAM

 

CCR updated CFR links 5/21/15

updated mlo 3-29-16