Comments/Notes on Adjudication Structure:
Appeal proceedings for suspension and debarment pursuant to EPA regulations, which adopt OMB Guidance (2 CFR Part 180, subparts A - I), and supplements these common rules by providing the opportunity for discretionary appellate review by the Director of the Office of Grants and Debarment. (See 2 CFR Part 1532). EPA conducts both administrative (discretionary) and statutory (mandatory) debarments and suspensions. Administrative debarment or suspension actions may arise under the non-procurement common rule (as adopted by EPA in Part 1532) or the Federal Acquisition Regulation Part 9.4. Statutory debarments arise under the Clean Water Act and Clean Air Act, and requests for reinstatement are conducted in accordance with hearing procedures for suspensions and debarments. (See 2 CFR Part 1532, subpart J).
All EPA debarment, suspension, and reinstatement authority has been delegated to the Office of Administration and Resources Management (OARM) and is carried out by the Office of Grants and Debarment (OGD).