Agency: 
Environmental Protection Agency
Scheme Nickname: 
Suspension and debarment

Informal adjudication proceedings for suspension and debarment pursuant to EPA regulations, which adopts 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 Federal Acquisition Regulation Part 9.4.

All EPA debarment and suspension 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).

Comments/Notes on Adjudication Structure: 
While certain procedures are set out by regulation, the suspending or debarring official may use flexible procedures to allow respondents to oppose the agency's action. The adjudication process is intended to proceed on an expeditious basis. Respondents have 30 days to contest a Notice of Suspension or Notice of Proposed Debarment.
Types of Adjudication: 
Type B
Comments/Notes on Related Schemes: 
The Office of Grants and Debarment serves as the hearing-level office for both this scheme and ACUS Scheme Code EPAOCOMP0009. The Office of Grants and Debarment also serves as an appellate office in ACUS Scheme Code EPAOGRAN0005.
Resources & Articles: 
West Briefing Paper: EPA Suspension & Debarment Program - http://www.gibsondunn.com/publications/Documents/BriefingPapersNov2013.pdf
EPA OGD Web site: http://www.epa.gov/ogd/sdd/debarment.htm
Congressional testimony of former EPA SDO @ Oversight Hearing (2011): http://www.epa.gov/ocir/hearings/testimony/112_2011_2012/2011_1006_rp.pdf
Distinctive Features: 
*EPA's suspension/debarment adjudication model is unique - Unlike all but 2 other executive branch agencies (Air Force & Navy), EPA has a full-time, career suspension/debarment official (SDO) with independent decisionmaking power. EPA's OGD also collectively houses all the agency's suspension/debarment matters, whether related to procurement, non-procurement, or statutory suspension/debarment matters. * EPA was a founding member of the Inter-agency Suspension Debarment Committee (ISDC), and, unlike most other agencies, investigates and pursues suspension/debarment cases fairly aggressively.
Verified by Agency: 
Not verified
Is this a Major Adjudication: 
No