Other Fields
Agency Scheme: 
CIAODBAR0001
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the General Counsel
Name of Hearing Office (global name): 
Central Intelligence Agency: Office of the General Counsel
Hearing Officer #1 (Title): 
General Counsel or a Designated Deputy General Counsel
Hearing Officer #2 (Title): 
Fact-Finding Official--To Be Determined in the event fact-finding proves necessary
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal adjudication proceedings for procurement-related suspension and debarment by the Central Intelligence Agency (CIA) under section 9.406 and 9.407 of the Federal Acquisition Regulations (FAR), which are expressly incorporated into the agency's suspension/debarment regulations. (See 32 CFR Part 1910). By default, FAR regulations provide that the agency head and/or his or her designee serves as the "debarring official" or "suspending official." (See FAR 9.403). The CIA General Counsel has been designated the Agency's Suspension and Debarment Official, with authority to designate one of her deputies to fulfill that role.

Note: To date, no oral hearings have occurred. Written exchanges between the SDO's representative and those considered for debarment, through their counsel, have led to resolution of the matters--in most cases, through development of Administrative Compliance Agreements.

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?: 
Either
About what percentage of private parties were represented at hearings (FY2013)?: 
100.00%
Is the agency permitted to have representation at hearings?: 
Yes (All Types of Cases)
Who may serve as an agency representative?: 
Attorney
Regulations/rules of practice for hearings (please include CFR citations): 
48 CFR 1909.406-3 (FAR 406.3), 1909.407.3 (FAR 407.3) CIA Debarment and Suspension Decision Procedures, while not published, are made available to parties being proposed for debarment.
PROCESS & PROCEDURE - Pre-Hearing Procedure
Is discovery permitted by either party at the hearing-level stage?: 
No
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
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
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
100%
How is the type of hearing selected: 
By Agency
Depends on Nature of Case/Claim
Please describe: 
The contractor is entitled to submit documents and present oral argument in response to a notice of suspension or debarment. However, it is within the sound discretion of the suspending/debarring official to determine the type of oral argument. Evidentiary hearings are required only when there are disputed issues of fact material to the proposed suspension or debarment. (See FAR 9.406-3(b)(2), 9.407-3(b)(2)). CIA procedures require that any written material be submitted to the SDO's representative at least 5 working days in advance of a scheduled oral presentation. The suspending/debarring official may, at his/her discretion, refer an evidentiary hearing to a fact-finding official. (See FAR 9.406-3(d)(2)(ii), 9.407-3(d)(2)(ii)). CIA procedures specify that, if the SDO determines whether the contractor's presentation has raised a genuine dispute as to any material fact, a designated fact-finding official will be appointed to conduct the fact-finding proceeding.
How many hearing officers preside at each hearing?: 
One
Is witness testimony permitted at hearings?: 
Yes
If "Varies by Case," please describe: 
When the suspending/debarring official sets a matter for an evidentiary hearing, witness testimony is permitted. (FAR 9.406-3(b)(2)(i), 9.407-3(b)(2)(i))
Can parties cross-examine witnesses?: 
Yes
If "Varies by Case," please describe: 
When the suspending/debarring official sets a matter for an evidentiary hearing, witness testimony is permitted. (FAR 9.406-3(b)(2)(i), 9.407-3(b)(2)(i)). CIA procedures explicitly allow the cross-examination of witnesses in evidentiary hearings to resolve disputed material facts.
Can third-parties submit amicus briefs and/or evidence?: 
No
Are hearings recorded and/or transcribed?: 
Yes
N/A (Document-Only Hearings)
Are hearings open to the public?: 
No (Hearings Always Closed/All Types of Cases)
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
If "Other," please specify (drafts): 
If the suspending/debarring official conducts the hearing, then the SDO, with the assistance of the SDO's staff, drafts the decision. However, the suspending/debarring official also may, at his/her discretion, refer an evidentiary hearing to a fact-finding official. (See FAR 9.406-3(d)(2)(ii), 9.407-3(d)(2)(ii)). In such cases, the fact-finding official issues findings of fact at the conclusion of the hearing. Per the FAR, the suspending/debarring official may reject such findings -- in whole or in part -- only after specifically finding them arbitrary and capricious, or clearly erroneous.
Who has authority to issue final decisions?: 
Adjudication Officer
Other
If "Other," please specify: 
The suspending/debarring official is authorized to issue final decisions. The suspending/debarring official may or may not also serve as the hearing official, depending on whether a matter with contested facts has been referred to a fact-finding official for an evidentiary hearing.
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 debarring/suspending official's final decision must be made in writing in accordance with FAR 9.406-3. That section, in turn, only specifies a time limit (30 working days from receipt of any information submitted by the contractor) for debarment cases based on a conviction or civil judgment or in which there is no genuine dispute of material fact--unless the SDO extends this period "for good cause." See FAR 9.406-3(d)(1). Otherwise, the only requirement is that "prompt" notice must be provided when the official reaches a decision in debarment cases. Similarly, "prompt written notice" of a decision to suspend a contractor is required, in accordance with FAR 9.407-3(d)(4).
Is judicial review available after issuance of a final decision?: 
Yes (All Types of Cases)
PROCESS & PROCEDURE - Case Management
How are claims/cases processed at the hearing-level stage?: 
Differentiated Case Management
Please briefly describe your case management practice(s) at the hearing level stage: 
Cases presented are infrequent enough that no established practice exists. [Note: As to prior question on judicial review, SDO final decisions may be challenged in court under the APA.]
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
An oral hearing is only triggered in those cases where the affected contractor requests the opportunity to make an oral presentation concerning his information and arguments. See 48 CFR 1909.406-3(b)(2). All other decisions are based solely on the written submissions, without a hearing.
ADJUDICATORS
Total # of Hearing Officers: 
1
Comments/Notes on Hearing-Level Adjudicators (Optional): 
No required, to date.
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:: 
Negotiation and Execution of Administrative Compliance Agreement in lieu of debarment is considered a form of ADR.
Who conducts the ADR?: 
Agency Counsel
If "Other," please specify:: 
SDO has overseen the negotiation of Administrative Compliance Agreements; staff attorneys acting on the SDO's behalf have negotiated the details of such agreements with counsel for the contractor.
Comments/Notes on ADR Process (Optional): 
See above--Negotiation of Administrative Compliance Agreements in lieu of debarment is considered ADR, and has been used successfully to ensure that the contractor is a responsible party with robust ethics and compliance programs in place.
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
3
Total # Cases Decided/Closed (FY2013): 
3
Total # Cases Pending (End of FY2013): 
0
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
No
Verified by Agency: 
Verified