[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: 48CFR19.602-2]



[Page 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. 19.602-2  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]