[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR819.602-3]



[Page 187-188]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 819_SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS--Table of 

Contents

 

     Subpart 819.6_Certificates of Competency and Determinations of 

                               Eligibility

 

Sec. 819.602-3  Appealing Small Business Administration's decision to issue 

Certificates of Competency.





    Formal VA appeals of an initial concurrence by the SBA Central 

Office in an SBA Regional Office decision to issue a Certificate of 

Competency (CoC) will be processed as follows:

    (a) When the contracting officer believes that VA should formally 

appeal the concurrence by the SBA Central Office in an SBA Regional 

Office decision to issue a CoC, the contracting officer will so notify 

the Deputy Assistant Secretary for Acquisition and Materiel Management 

(95B) in writing within five business days after receipt of the SBA 

Central Office's written confirmation of its determination. Within ten 

business days of the contracting officer's receipt of the SBA's written 

confirmation (or within a period acceptable to VA and the SBA), the 

Deputy Assistant Secretary for Acquisition and Materiel Management (95B) 

will advise the SBA Central Office that VA intends to file a formal 

appeal.

    (b) Within ten business days of the contracting officer's receipt of 

the SBA Central Office's written confirmation, the contracting officer 

will furnish an original and one copy of the appeal file to the Deputy 

Assistant Secretary for Acquisition and Materiel Management (95B). The 

file must contain a copy of the bid/offer from the firm considered 

nonresponsible, a copy of the bid/offer from the firm otherwise in line 

for award, a copy of the bid, a copy of the bid abstract, a copy of 

SBA's CoC Review Committee report, a copy of all correspondence with SBA 

on the matter, and the contracting officer's narrative statement 

establishing the error, omission, or other basis for disputing SBA's 

proposed responsibility determination.

    (c) The Deputy Assistant Secretary for Acquisition and Materiel 

Management (95B) will review the file prepared by the contracting 

officer. If the contracting officer's position is accepted, the Deputy 

Assistant Secretary for Acquisition and Materiel Management (95B) will 

transmit the formal appeal to the SBA Central Office within ten business 

days after notifying that office of VA's intent to appeal (or within a 

period acceptable to VA and the SBA). The contracting officer will be 

informed of the final SBA decision.

    (d) If, after the Central Office review, it is decided that a formal 

appeal should not be made to the SBA, the contracting officer will be 

advised of this decision and that the CoC should be accepted by VA. The 

SBA Central Office will also be advised that VA will



[[Page 188]]



not pursue its formal appeal. If the decision concerns major 

construction projects and the Office of Facilities Management disagrees 

with the decision made by the Deputy Assistant Secretary for Acquisition 

and Materiel Management, the matter will be referred to the Senior 

Procurement Executive for a final VA determination.



[52 FR 46083, Dec. 4, 1987, as amended at 54 FR 40064, Sept. 29, 1989; 

63 FR 69220, Dec. 16, 1998]