Other Fields
Agency Scheme: 
EPAOCOMP0009
ADJUDICATION STRUCTURE
Hearing Level: Basic Structure
Name of Hearing Office (local name): 
Office of Grants and Debarment
Name of Hearing Office (global name): 
Environmental Protection Agency: Office of Grants and Debarment
Sub-Agency/Bureau/Division:: 
Office of Administration and Resources Management
Hearing Officer #1 (Title): 
Grants Competition Disputes Decision Official (GCDDO)
Are administrative appeals permitted from final decisions at the hearing-level stage?: 
No
Comments/Notes on Adjudication Structure: 

Informal process for adjudication of certain pre-award disputes relating to EPA finding of ineligibility for competitive assistance agreements (e.g., grants, cooperative agreements). Applicable adjudication procedures are set forth in a non-regulatory order, EPA Order 5700.5A1 (Rev. 2/6/14). Under EPA Order 5700.5A1, open competition is the agency's preferred method of competition for all assistance agreements, though is only required when the estimated total funding to be awarded exceeds $100,000 absent applicable exemptions or exceptions. (EPA Order 5700.5A1 at 4(h)).

EPA adjudicators serving as "Grants Competition Disputes Decision Officials" (GCDDO) depend on the locus of the challenged agency decision. EPA Headquarters officials serve as adjudicators on cases arising from agreements awarded by a Headquarters program office. For assistance agreements awarded at the regional level, adjudicators are EPA regional officials.
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PROCESS & PROCEDURE - General Information
Regulations/rules of practice for hearings (please include CFR citations): 
N/A
Other published guidance for hearings (if any): 
EPA Order 5700.5A1
PROCESS & PROCEDURE - Pre-Hearing Procedure
Does the hearing officer have subpoena authority?: 
No
Are ex parte contacts prohibited?: 
No
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 Agency
Please describe: 
The Grant Competition Disputes Deciding Official) has the discretionary authority to determine the type of hearing on a case-by-case basis. The relevant portion of the EPA Order provides as follows: "Upon receiving a dispute, the GCDDO will establish a process and schedule for resolving the dispute and communicate this to the applicant and affected [EPA] Program Office. At his or her discretion, the GCDDO may . . . meet by phone or in person with the unsuccessful applicant and/or Program Office. (See EPA Order 5700.5A1, Appendix A, p. 36).
How many hearing officers preside at each hearing?: 
One
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
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): 
This is an informal adjudication scheme with few written procedures. The Grant Competition Disputes Deciding Official (GCDDO) largely has the discretionary authority to develop his/her procedures and timeline on a case-by-case basis. The relevant portion of the EPA Order provides as follows: "Upon receiving a dispute, the GCDDO will establish a process and schedule for resolving the dispute and communicate this to the applicant and affected [EPA] Program Office. At his or her discretion, the GCDDO may (i) request additional information from the applicant or Program Office and/or (ii) meet by phone or in person with the unsuccessful applicant and/or Program Office. (See EPA Order 5700.5A1, Appendix A, p. 36).
ADR: General Information
Is ADR available at one or more points during the hearing process?: 
No
Comments/Notes on ADR Process (Optional): 
While EPA Order does not provide formal mechanisms for alternative dispute resolution, unsuccessful applicants who are found to be ineligible for award consideration or who are not selected for award based on their rank/score may request a debriefing by the GCDDO. Debriefings may be oral or written, though oral debriefings are "strongly preferred" according to agency guidance. Unsuccessful applicants (based on eligibility considerations) must receive a debriefing prior to filing a written dispute with the GCDDO. Applicants who are not selected based on score/rank are not entitled to file disputes. (See EPA Order 5700.5A1, Appendix A, p. 34)
Verified by Agency: 
Not verified