[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: 48CFR19.602-1]



[Page 371-372]

 

            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 but for sureties see 28.101-3(f) and 28.203(c)), 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.

    (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



[[Page 372]]



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; 70 FR 57461, Sept. 30, 2005]