[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: 48CFR19.602-3]



[Page 372-373]

 

            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



[[Page 373]]



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 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]