Other Fields
Agency Scheme: 
DOSFARSD0010
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of the Procurement Executive
Name of Hearing Office (global name): 
Department of State: Office of the Procurement Executive
Sub-Agency/Bureau/Division:: 
Bureau of Administration
Hearing Officer #1 (Title): 
Procurement Executive
Hearing Officer #2 (Title): 
Fact-Finding Panel
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 actions by the Department of State (DOS) under sections 9.406 and 9.407 of the Federal Acquisition Regulations (FAR), which are expressly incorporated into the agency's suspension/debarment regulations. (See 48 CFR Part 609).

In debarment actions, when the contractor requests a hearing, the debarring official (e.g., the Procurement Executive) convenes a 3-member fact-finding panel to conduct an evidentiary hearing. The panel is chaired by a representative from the Office of the Legal Advisor, and the other two panel members are representatives from the activity office and requirements office respectively. (48 CFR 609.403-70).

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)
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), 48 CFR pt. 609 (DOS regulations)
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
How is the type of hearing selected: 
Depends on Nature of Case/Claim
Please describe: 
Oral Presentations: The contractor is entitled to present information and arguments to the suspending/debarring in response to a notice of suspension or debarment. Oral presentations are conducted informally, and transcripts need not be made. (See FAR 9.406-3(b)(2), 9.407-3(b)(2); 48 CFR 609.406-3(b)(2), 609.407-3(b)(2)) Evidentiary Hearings: A contractor in a debarment action is also entitled to request a hearing before a 3-member fact-finding panel, the role of which is to provide the debarring official with findings of fact based on a preponderance of evidence submitted at the fact-finding hearing. For suspension actions, evidentiary hearings by a fact-finding panel are only available if there are genuine disputes over material facts. (See FAR 9.406-3(d)(2)(ii), 9.407-3(d)(2)(ii); 48 CFR 609.406-3(b)(3), 609.407-3(b)(2))
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
For "paper" (document-only) hearings and informal oral presentations, only the suspending/debarring official is present. Evidentiary hearings conducted by a fact-finding panel have three hearing officers.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
When a suspension or debarment action is referred to a fact-finding panel for an evidentiary hearing, witness testimony is permitted. (FAR 9.406-3(b)(2)(i), 9.407-3(b)(2)(i); 48 CFR 609.406-3(b)(6)-(7), 609.407-3(b)(2)) This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Varies by Case
If "Varies by Case," please describe: 
When a suspension or debarment action is referred to a fact-finding panel for an evidentiary hearing, cross-examination of witnesses is permitted. (FAR 9.406-3(b)(2)(i), 9.407-3(b)(2)(i); 48 CFR 609.406-3(b)(6)-(7), 609.407-3(b)(2)) This question is not applicable to document-only hearings.
Can third-parties submit amicus briefs and/or evidence?: 
No
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
Other
If "Other," please specify (drafts): 
If the suspending/debarring official conducts a "paper" hearing or oral presentation, then he/she drafts the decision. However, if a fact-finding panel is convened, it delivers written findings and a transcribed record at the conclusion of the hearing to the suspending/debarring official. The suspending/debarring official may reject such findings -- in whole or in part -- only after specifically finding them arbitrary and capricious, or clearly erroneous. (See (FAR 9.406-3(d)(2)(ii), 9.407-3(d)(2)(ii); 48 CFR 609.406-3(b)(6)-(7), 609.407-3(b)(2))
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 has been referred to a fact-finding panel 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. 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. There is no parallel provision for suspension cases.
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
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Procedures for fact-finding panels are not expressly set forth in applicable DOS regulations. Rather, DOS procurement regulations provide as follow: "The fact-finding panel shall conduct its hearing in accordance with rules promulgated by the fact-finding official [e.g., the representative from the Office of the Legal Advisor]." (48 CFR 609.406-3(b)(6))
ADJUDICATORS
Total # of Hearing Officers: 
1
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Verified by Agency: 
Not verified