[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR19.601]

[Page 357-358]
 
            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.  19.601  General.


    (a) A Certificate of Competency (COC) is the certificate issued by 
the Small Business Administration (SBA) stating that the holder is 
responsible

[[Page 358]]

(with respect to all elements of responsibility, including, but not 
limited to, capability, competency, capacity, credit, integrity, 
perseverance, tenacity, and limitations on subcontracting) for the 
purpose of receiving and performing a specific Government contract.
    (b) The COC program empowers the Small Business Administration (SBA) 
to certify to Government contracting officers as to all elements of 
responsibility of any small business concern to receive and perform a 
specific Government contract. The COC program does not extend to 
questions concerning regulatory requirements imposed and enforced by 
other Federal agencies.
    (c) The COC program is applicable to all Government acquisitions. A 
contracting officer shall, upon determining an apparent successful small 
business offeror to be nonresponsible, refer that small business to the 
SBA for a possible COC, even if the next acceptable offer is also from a 
small business.
    (d) When a solicitation requires a small business to adhere to the 
limitations on subcontracting, a contracting officer's finding that a 
small business cannot comply with the limitation shall be treated as an 
element of responsibility and shall be subject to the COC process. When 
a solicitation requires a small business to adhere to the definition of 
a nonmanufacturer, a contracting officer's determination that the small 
business does not comply shall be processed in accordance with subpart 
19.3.
    (e) Contracting officers, including those located overseas, are 
required to comply with this subpart for U.S. small business concerns.

[48 FR 42240, Sept. 19, 1983, as amended at 51 FR 2664, Jan. 17, 1986; 
54 FR 34754, Aug. 21, 1989; 59 FR 67036, Dec. 28, 1994; 61 FR 67410, 
Dec. 20, 1996; 62 FR 44820, Aug. 22, 1997]