37.108
Small business Certificate of Competency
For high-competence service contracts requiring technical proposals and evaluations, small businesses may not use the Certificate of Competency process to contest non-responsibility determinations.
Overview
FAR 37.108 clarifies that for certain high-competence service contracts—specifically those where the solicitation requires a technical or management proposal and includes a technical evaluation and source selection—the usual Small Business Certificate of Competency (COC) procedures may not apply. This means that, in these cases, small businesses cannot rely on the COC process to challenge a determination of non-responsibility. Contracting officers are directed to Subpart 19.6 for further details on COC procedures.
Key Rules
- Exclusion of COC Procedures
- When a service contract solicitation requires technical/management proposals and uses technical evaluation and source selection, the COC process for small businesses may be excluded.
- Reference to Subpart 19.6
- Contracting officers should consult Subpart 19.6 for the standard COC procedures and exceptions.
Responsibilities
- Contracting Officers: Must recognize when COC procedures do not apply and ensure solicitations and evaluations are structured accordingly.
- Contractors: Should be aware that for certain high-competence service contracts, they may not have recourse to the COC process if found non-responsible.
- Agencies: Must ensure compliance with both this section and Subpart 19.6 when structuring and awarding service contracts.
Practical Implications
- This section exists to maintain the integrity and quality of service contracts requiring the highest technical competence.
- It impacts small businesses by limiting their ability to appeal non-responsibility findings via the COC process in these specific procurements.
- Common pitfalls include misunderstanding when the COC process is available and failing to structure solicitations in accordance with this exception.