Certificates of Competency and Determinations of Responsibility
FAR Subpart 19.6 ensures small businesses have the right to SBA review if found non-responsible, promoting fair competition and due process in federal contracting.
Overview
FAR Subpart 19.6 establishes the procedures and requirements for Certificates of Competency (COC) and determinations of responsibility for small business concerns in federal contracting. The subpart outlines the process by which the Small Business Administration (SBA) reviews and certifies the responsibility of small businesses that have been found non-responsible by contracting officers. It ensures that small businesses are given a fair opportunity to compete for government contracts by allowing the SBA to review and potentially overturn a contracting officer’s negative responsibility determination. This subpart also details the roles and responsibilities of contracting officers and the SBA in the COC process, including notification, documentation, and timelines.
Key Rules
- Certificates of Competency (COC)
- When a small business is found non-responsible, the contracting officer must refer the matter to the SBA, which may issue a COC if the business is deemed responsible.
- Determinations of Responsibility
- Contracting officers must make responsibility determinations for all prospective contractors and follow specific procedures when a small business is involved.
Responsibilities
- Contracting Officers: Must notify the SBA when a small business is found non-responsible, provide required documentation, and follow SBA decisions regarding COC.
- Contractors: Small businesses must respond to SBA inquiries and provide supporting information to demonstrate responsibility.
- Agencies: Must cooperate with the SBA and adhere to COC decisions, ensuring fair treatment of small businesses.
Practical Implications
- This subpart exists to protect small businesses from unjust exclusion due to negative responsibility determinations.
- It impacts daily contracting by requiring additional steps and coordination with the SBA when small businesses are involved.
- Common pitfalls include failing to notify the SBA, incomplete documentation, or not adhering to SBA COC decisions, which can delay awards or result in protests.