[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR19.602-1]

[Page 359-360]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 19--SMALL BUSINESS PROGRAMS--Table of Contents
 
     Subpart 19.6--Certificates of Competency and Determinations of 
                             Responsibility
 
Sec. 19.602-1  Referral.

    (a) Upon determining and documenting that an apparent successful 
small business offeror lacks certain elements of responsibility 
(including, but not limited to, capability, competency, capacity, 
credit, integrity, perseverance, tenacity, and limitations on 
subcontracting), the contracting officer shall--
    (1) Withhold contract award (see 19.602-3); and
    (2) Refer the matter to the cognizant SBA Government Contracting 
Area Office (Area Office) serving the area in which the headquarters of 
the offeror is located, in accordance with agency procedures, except 
that referral is not necessary if the small business concern--
    (i) Is determined to be unqualified and ineligible because it does 
not meet the standard in 9.104-1(g); provided, that the determination is 
approved by the chief of the contracting office; or
    (ii) Is suspended or debarred under Executive Order 11246 or subpart 
9.4.
    (b) If a partial set-aside is involved, the contracting officer 
shall refer to the SBA the entire quantity to which the concern may be 
entitled, if responsible.
    (c) The referral shall include--
    (1) A notice that a small business concern has been determined to be 
nonresponsible, specifying the elements of responsibility the 
contracting officer found lacking; and
    (2) If applicable, a copy of the following:
    (i) Solicitation.
    (ii) Final offer submitted by the concern whose responsibility is at 
issue for the procurement.

[[Page 360]]

    (iii) Abstract of bids or the contracting officer's price 
negotiation memorandum.
    (iv) Preaward survey.
    (v) Technical data package (including drawings, specifications and 
statement of work).
    (vi) Any other justification and documentation used to arrive at the 
nonresponsibility determination.
    (d) For any single acquisition, the contracting officer shall make 
only one referral at a time regarding a determination of 
nonresponsibility.
    (e) Contract award shall be withheld by the contracting officer for 
a period of 15 business days (or longer if agreed to by the SBA and the 
contracting officer) following receipt by the appropriate SBA Area 
Office of a referral that includes all required documentation.

[48 FR 42240, Sept. 19, 1983, as amended at 51 FR 27489, July 31, 1986; 
62 FR 44820, Aug. 22, 1997]