[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: 48CFR19.602-3]

[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.  19.602-3  Resolving differences between the agency and the Small 
Business Administration.

    (a) COCs valued between $100,000 and $25,000,000. (1) When 
disagreements arise about a concern's ability to perform, the 
contracting officer and the SBA shall make every effort to reach a 
resolution before the SBA takes final action on a COC. This shall be 
done through the complete exchange of information and in accordance with 
agency procedures. If agreement cannot be reached between the 
contracting officer and the SBA Area Office, the contracting officer 
shall request that the Area Office suspend action and refer the matter 
to SBA Headquarters for review. The SBA Area Office shall honor the 
request for a review if the contracting officer agrees to withhold award 
until the review process is concluded. Without an agreement to withhold 
award, the SBA Area Office will issue the COC in accordance with 
applicable SBA regulations.
    (2) SBA Headquarters will furnish written notice to the procuring 
agency's Director, Office of Small and Disadvantaged Business 
Utilization (OSDBU) or other designated official (with a copy to the 
contracting officer) that the case file has been received and

[[Page 360]]

that an appeal decision may be requested by an authorized official.
    (3) If the contracting agency decides to file an appeal, it must 
notify SBA Headquarters through its procuring agency's Director, OSDBU, 
or other designated official, within 10 business days (or a time period 
agreed upon by both agencies) that it intends to appeal the issuance of 
the COC.
    (4) The appeal and any supporting documentation shall be filed by 
the procuring agency's Director, OSDBU, or other designated official, 
within 10 business days (or a period agreed upon by both agencies) after 
SBA Headquarters receives the agency's notification in accordance with 
paragraph (a)(3) of this subsection.
    (5) The SBA Associate Administrator for Government Contracting will 
make a final determination, in writing, to issue or to deny the COC.
    (b) SBA Headquarters' decisions on COCs valued over $25,000,000. (1) 
Prior to taking final action, SBA Headquarters will contact the 
contracting agency and offer it the following options:
    (i) To request that the SBA suspend case processing to allow the 
agency to meet with SBA Headquarters personnel and review all 
documentation contained in the case file; or
    (ii) To submit to SBA Headquarters for evaluation any information 
that the contracting agency believes has not been considered.
    (2) After reviewing all available information, the SBA will make a 
final decision to either issue or deny the COC.
    (c)  Reconsideration of a COC after issuance. (1) The SBA reserves 
the right to reconsider its issuance of a COC, prior to contract award, 
if--
    (i) The COC applicant submitted false information or omitted 
materially adverse information; or
    (ii) The COC has been issued for more than 60 days (in which case 
the SBA may investigate the firm's current circumstances).
    (2) When the SBA reconsiders and reaffirms the COC, the procedures 
in subsection 19.602-2 do not apply.
    (3) Denial of a COC by the SBA does not preclude a contracting 
officer from awarding a contract to the referred concern, nor does it 
prevent the concern from making an offer on any other procurement.

[62 FR 44821, Aug. 22, 1997]