[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: 48CFR19.602-2]

[Page 359]
 
            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.  19.602-2  Issuing or denying a Certificate of Competency (COC).

    Within 15 business days (or a longer period agreed to by the SBA and 
the contracting agency) after receiving a notice that a small business 
concern lacks certain elements of responsibility, the SBA Area Office 
will take the following actions:
    (a) Inform the small business concern of the contracting officer's 
determination and offer it an opportunity to apply to the SBA for a COC. 
(A concern wishing to apply for a COC should notify the SBA Area Office 
serving the geographical area in which the headquarters of the offeror 
is located.)
    (b) Upon timely receipt of a complete and acceptable application, 
elect to visit the applicant's facility to review its responsibility.
    (1) The COC review process is not limited to the areas of 
nonresponsibility cited by the contracting officer.
    (2) The SBA may, at its discretion, independently evaluate the COC 
applicant for all elements of responsibility, but may presume 
responsibility exists as to elements other than those cited as 
deficient.
    (c) Consider denying a COC for reasons of nonresponsibility not 
originally cited by the contracting officer.
    (d) When the Area Director determines that a COC is warranted (for 
contracts valued at $25,000,000 or less), notify the contracting officer 
and provide the following options:
    (1) Accept the Area Director's decision to issue a COC and award the 
contract to the concern. The COC issuance letter will then be sent, 
including as an attachment a detailed rationale for the decision; or
    (2) Ask the Area Director to suspend the case for one or more of the 
following purposes:
    (i) To permit the SBA to forward a detailed rationale for the 
decision to the contracting officer for review within a specified period 
of time.
    (ii) To afford the contracting officer the opportunity to meet with 
the Area Office to review all documentation contained in the case file 
and to attempt to resolve any issues.
    (iii) To submit any information to the SBA Area Office that the 
contracting officer believes the SBA did not consider (at which time the 
SBA Area Office will establish a new suspense date mutually agreeable to 
the contracting officer and the SBA).
    (iv) To permit resolution of an appeal by the contracting agency to 
SBA Headquarters under 19.602-3. However, there is no contracting 
officer's appeal when the Area Office proposes to issue a COC valued at 
$100,000 or less.
    (e) At the completion of the process, notify the concern and the 
contracting officer that the COC is denied or is being issued.
    (f) Refer recommendations for issuing a COC on contracts greater 
than $25,000,000 to SBA Headquarters.

[62 FR 44820, Aug. 22, 1997]