19.602-4 Awarding the contract
Source: FAR 19.602-4 on acquisition.gov
Contracting officers must follow strict procedures when awarding contracts involving SBA Certificate of Competency referrals, ensuring small businesses receive fair consideration and timely decisions.
Overview
FAR 19.602-4 outlines the procedures contracting officers must follow when awarding contracts involving small business concerns whose responsibility has been questioned and referred to the Small Business Administration (SBA) for a Certificate of Competency (COC) determination. It details the steps to take if new information arises, if the SBA issues a COC, or if the SBA does not issue a COC within the specified timeframe.
Key Rules
- Reversal of Nonresponsibility
- If new information shows the small business is responsible before award, the contracting officer must reverse the nonresponsibility determination, notify the SBA, withdraw the referral, and proceed with the award.
- Award Upon SBA COC Issuance
- If the SBA issues a COC, the contracting officer must award the contract to the small business, as the COC is conclusive on all responsibility elements. The only exception is if there are unrelated reasons not to award.
- Award to Another Offeror
- If the SBA does not issue a COC within 15 business days (or an agreed longer period), the contracting officer must proceed to award the contract to another responsible offeror.
Responsibilities
- Contracting Officers: Must follow the outlined procedures for reversing nonresponsibility, awarding based on COC, or moving to the next offeror if no COC is issued.
- Contractors: Should provide any new information regarding responsibility and understand the COC process.
- Agencies: Must coordinate with the SBA and ensure timely communication and documentation.
Practical Implications
- This section ensures fair consideration for small businesses in responsibility determinations.
- It provides a clear process for handling COC referrals and awards, reducing ambiguity and potential disputes.
- Delays or missteps in following these procedures can result in protests or improper contract awards.
(a) If new information causes the contracting officer to determine that the concern referred to the SBA is actually responsible to perform the contract, and award has not already been made under paragraph (c) of this subsection, the contracting officer shall reverse the determination of nonresponsibility, notify the SBA of this action, withdraw the referral, and proceed to award the contract.
(b) The contracting officer shall award the contract to the concern in question if the SBA issues a COC after receiving the referral. An SBA-certified concern shall not be required to meet any other requirements of responsibility. SBA COC’s are conclusive with respect to all elements of responsibility of prospective small business contractors. Where SBA issues a COC, the contracting officer may decide not to award to that offeror for reasons unrelated to responsibility.
(c) The contracting officer shall proceed with the acquisition and award the contract to another appropriately selected and responsible offeror if the SBA has not issued a COC within 15 business days (or a longer period of time agreed to with the SBA) after receiving the referral.