Other Fields
Agency Scheme: 
DOVAPROC0009
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Debarment and Suspension Committee
Name of Hearing Office (global name): 
Department of Veterans Affairs: Debarment and Suspension Committee
Sub-Agency/Bureau/Division:: 
Office of Acquisition and Logistics
Hearing Officer #1 (Title): 
Agency Suspending and Debarring Official (SDO) for Procurement Related Actions
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
Yes (Some Types of Cases)
Comments/Notes on Adjudication Structure: 

VA's procurement suspension and debarment regulations (which adopt FAR 9.4., 48 CFR subpart 9.4, and VA Acquisition Regulation (VAAR) Part 809) authorize the Deputy Assistant Secretary, Office of Acquisition and Logistics to serve as the SDO, and the regulations authorize further delegation to the Assistant Deputy Assistant Secretary. 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 45 days to contest VA-issued Notices of Suspension or Proposed Debarment. Debarment and suspension proceedings are to be "conducted in an informal manner and without requirement for a transcript." (VAAR 809.406-3(d) and 809.407-3(d)).

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)?: 
99.00%
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 9.400 - 9.407-4 and 48 CFR 809.4
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)
How far in advance of the hearing date is notice typically provided?: 
30 Days
PROCESS & PROCEDURE - Hearing Procedure
What types of hearings are permitted at the hearing-level stage?: 
Written (Document-Only) Hearing
In-Person
Phone
Please provide the approximate percentage of each type of hearing relative to the total number of hearings (FY2013)
Written (Document-Only) Hearing: 
25%
In-Person: 
25%
Phone: 
50%
How is the type of hearing selected: 
By Agency
By Private Party
Depends on Nature of Case/Claim
Please describe: 
By rule, respondents, if they seek to contest the administrative sanctions, are entitled to submit written materials and present oral argument to the debarring/suspending official. However, an evidentiary (fact-finding) hearing is subject to the deciding official's discretion depending on whether he/she deems there to be disputed issues of material fact that cannot be resolved by review of the documentary evidence. (48 CFR 9.406-3, 9.407-3, and 48 CFR 809.470)
How many hearing officers preside at each hearing?: 
Varies by Case
If "Varies by Case," please describe: 
In matters in opposition to suspension or proposed debarment, both parties preside; in fact-finding hearings, the fact-finder presides.
Is witness testimony permitted at hearings?: 
Varies by Case
If "Varies by Case," please describe: 
Witness testimony is permitted in oral hearings. This question is not applicable to document-only hearings.
Can parties cross-examine witnesses?: 
Yes
If "Varies by Case," please describe: 
Cross-examination is permitted in oral hearings. 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
No
N/A (Document-Only Hearings)
Are hearings open to the public?: 
No (Hearings Always Closed/All Types of Cases)
If "Varies by Case," please describe: 
Hearings are transcribed only in fact-finding hearings. Meetings for matters in opposition to suspension and proposed debarments are not transcribed.
PROCESS & PROCEDURE - Post-Hearing Procedure
Who typically drafts the decision at the hearing-level stage?: 
Adjudication Officer
Other
If "Other," please specify (drafts): 
In the case of matters in opposition, the Debarment and Suspension Committee drafts a recommendation for the SDO; the SDO makes the decision.
Who has authority to issue final decisions?: 
Other
Do agency regulations or guidance provide time limits for issuance of final decisions?: 
Yes (All Types of Cases)
If "Yes," please specify these time limit(s): 
In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the debarring official shall make a decision on the basis of all the information in the administrative record, including any submission made by the contractor. If no suspension is in effect, the decision shall be made within 30 working days after receipt of any information and argument submitted by the contractor, unless the debarring official extends this period for good cause.
About how long does it take on average—as of FY2013—to adjudicate claims/cases at the hearinglevel stage (i.e., from case filing: 
30 Days
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: 
Respondents submit requests for meetings and propose dates for meetings to present information and argument in opposition, and the Committee collaborates with the respondent to mutually agree on a meeting date, place, and time.
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?: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
48 CFR 406-3(d), 9.407-3(d)
Do agency regulations/rules of practice provide for closure of the record at the hearing-level stage (subject to applicable exce: 
Yes (All Types of Cases)
If "Yes," please provide citation(s): 
48 CFR 406-3, 9.407-3
PROCESS & PROCEDURE - Comments
Comments/Notes on Hearing-Level Process & Procedures (Optional): 
Debarring/suspending officials may, at their discretion, refer fact-finding to another presiding official who conducts an evidentiary hearing and issues written factual findings. (48 CFR 9.406-3(b), 9.407-3(b), and 809.470). A presiding official's written factual findings must be accepted by the debarring/suspending official unless arbitrary, capricious, or clearly erroneous.
ADJUDICATORS
Total # of Hearing Officers: 
1
Comments/Notes on Hearing-Level Adjudicators (Optional): 
Debarring/suspending officials may, at their discretion, refer fact-finding to another presiding official who conducts an evidentiary hearing and issues written factual findings. (48 CFR 9.406-3(b), 9.407-3(b)). The regulations otherwise provide no guidance or requirements for the presiding official.
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
CASELOAD STATISTICS - Summary Statistics
Total # Cases Filed/Opened (FY2013): 
54
Total # Cases Decided/Closed (FY2013): 
9
Total # Cases Pending (End of FY2013): 
64
CASELOAD STATISTICS - Supplementary Statistics
Does your agency maintain annual caseload statistics for this hearing office by case type (e.g., discrimination complaint, licen: 
Yes
If "Yes," please indicate preferred format below.: 
Separate email with statistical attachment (e.g., PDF, MS-Word, Excel)
Verified by Agency: 
Verified
Related Documents: 
PDF icon DOVAPROC0009 Supplemental Caseload Statistics