[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR19.601]



[Page 371]

 

            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 (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]