19.602-3
Resolving differences between the agency and the Small Business Administration
FAR 19.602-3 establishes clear procedures and timelines for resolving COC disputes between agencies and the SBA, ensuring due process and opportunities for appeal.
Overview
FAR 19.602-3 outlines the procedures for resolving disagreements between a contracting agency and the Small Business Administration (SBA) regarding the issuance of a Certificate of Competency (COC) for small business concerns. It details steps for disputes involving COCs valued between $100,000 and $25,000,000, as well as those over $25,000,000, and addresses the reconsideration of COCs after issuance. The regulation ensures both agencies have opportunities to exchange information, appeal decisions, and participate in the review process before a final determination is made by the SBA.
Key Rules
- COCs Valued $100,000–$25,000,000
- Agencies and SBA must attempt to resolve disagreements through information exchange. If unresolved, the matter can be elevated to SBA Headquarters, with specific procedures for appeal and timeframes for notification and documentation.
- COCs Over $25,000,000
- SBA Headquarters must offer the agency a chance to review the case file or submit additional information before making a final decision.
- Reconsideration of COC
- SBA may reconsider a COC before contract award if false information was provided or if the COC is over 60 days old. Denial of a COC does not bar the concern from future offers or awards.
Responsibilities
- Contracting Officers: Must engage in information exchange with SBA, follow escalation and appeal procedures, and adhere to notification deadlines.
- Contractors: Should provide accurate and complete information to SBA; may be affected by COC reconsideration.
- Agencies: Must coordinate appeals through designated officials and comply with procedural timeframes.
Practical Implications
- This section ensures due process and transparency in COC disputes, protecting both agency interests and small business opportunities. Timely communication and documentation are critical, and failure to follow procedures can impact contract awards or appeals. Contractors must ensure the accuracy of their submissions to avoid reconsideration or denial of a COC.