Other Fields
Agency Scheme: 
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Chief Acquisition Officer
Name of Hearing Office (global name): 
General Services Administration: Office of the Chief Acquisition Officer
Hearing Officer #1 (Title): 
Suspension and Debarment Official
Hearing Officer #2 (Title): 
Fact-Finding Official
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

-The regulations governing procurement suspensions and debarments for GSA define "debarring official" and "suspending official" as the Suspension and Debarment Official within the Office of the Chief Acquisition Officer. See 41 CFR 509.403.
-The "Fact-finding Official" is a hearing officer from whom a contractor may seek findings of fact if the action against raises a genuine dispute of material fact (and in suspension cases, where it is also not based on a conviction or civil judgment) . If the Suspension and Debarment Official determines that a genuine issue of fact exists, he refers the matter to this "fact-finding official" to conduct hearings and submit written findings of fact back to him. See 48 CFR 509.406-3(d); see also 48 CFR 407-3.

PROCESS & PROCEDURE - General Information
Are private parties permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as a private party representative?: 
Attorney
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Regulations/rules of practice for hearings (please include CFR citations): 
48 CFR 509.406-3, 509.407-3
Other published guidance for hearings (if any): 
FAR 9.406-3, 9.407-3
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
Yes (All Types of Cases)
Briefly describe the scope and type(s) of discovery available (e.g., depositions, interrogatories, etc.): 
48 CFR 509.406-3(d)(2) - "A party proposed for debarment . . . (ii) May request and receive a copy of the administrative record that was the basis for the proposed debarment. If information is withheld, the party will be notified and provided the reason." This procedure applies to suspension actions by virtue of 48 CFR 509.407-3(a).
Are parties provided notice of hearing?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
How is the type of hearing selected: 
By Private Party
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
-In cases where the contractor does not request an in-person hearing, only the Suspension and Debarment Official presides and renders a decision. In cases where the contractor does request an in-person hearing, however, the matter is referred to a fact-finding official who submits his findings back to the Suspension and Debarment Official. See 48 CFR 509.406-3(d); 48 CFR 509.407-3. This additional "fact-finding process" is only allowed where the contractor raises a genuine dispute of material fact. See id.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
-48 CFR 509.406-3 and 509.407-3 only guarantee a formalized oral hearing when the contractor requests it and when certain other conditions are met. If those conditions are satisfied, then parties have the opportunity to present and cross-examine witnesses. See 48 CFR 509.406-3(d)(3)(viii); 48 CFR 509.407-3(a).
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
-48 CFR 509.406-3 and 509.407-3 only guarantee a formalized oral hearing when the contractor requests it and when certain other conditions are met. If those conditions are satisfied, then parties have the opportunity to present and cross-examine witnesses. See 48 CFR 509.406-3(d)(3)(viii); 48 CFR 509.407-3(a).
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Who has authority to issue final decisions?: 
Adjudication Officer
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (Some Types of Cases)
If "Yes," please specify these time limit(s): 
The FAR states that for debarment cases based on a conviction or civil judgment or in which there is no genuine dispute of material fact, the hearing official must issue a decision within 30 days after receipt of additional information from the contractor. See FAR 9.406-3(d)(1). The FAR also issues a general instruction to provide "prompt" notice when the official reaches a decision in debarment or suspension cases. See FAR 9.406-3(e); 9.407-3(d)(4).
Is judicial review available after issuance of a final decision?: 
No
PROCESS & PROCEDURE - Case Management
Does the agency permit web-based electronic filing of hearing-related briefs or other documents?: 
No
Are final decisions published and/or posted on the agency website?: 
No
Do agency regulations/rules of practice specify the contents of the administrative record at the hearing-level stage?: 
No
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
No
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
Yes
If "Yes," when is ADR available?: 
Before Claim/Case Filed
Pre-Hearing
Post-Hearing
Is ADR a mandatory or voluntary process?: 
Voluntary
What type(s) of ADR are available?: 
Other
If "Other," please specify:: 
The relevant FAR provisions refer to "administrative agreement[s]" that contractors may enter into with the Government to resolve suspension or debarment proceedings. See FAR 9.406-3(f)(1), 9.407-3(e)(1).
Who conducts the ADR?: 
Agency Program Official
Other published guidance on ADR process (if any):: 
FAR 9.406-3(f)(1), 9.407-3(e)(1)
Verified by Agency: 
Not verified