48 C.F.R. § 19.602-4

19.602-4 Awarding the contract.

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(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) below, 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.

[48 FR 42240, Sept. 19, 1983, as amended at 85 FR 11764, Feb. 27, 2020]

Notes of Decisions

Cited in 6 cases, 1987–2017 · leading case: CSE Constr. Co. v. United States, 58 Fed. Cl. 230 (Fed. Cl. 2003).

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CSE Constr. Co. v. United States, 58 Fed. Cl. 230 (Fed. Cl. 2003). · cites it 2× “602-3 (2003) (providing for the resolution of differences between procuring agencies and the SBA regarding competency determinations); 48 C.F.R. § 19.602-4 (2003) (governing the award of contracts pursuant to the SBA’s competency review).”

United Enter. & Assocs. v. United States, 70 Fed. Cl. 1 (Fed. Cl. 2006). “”); 48 C.F.R. § 19.602-4 (b) ("SBA COC[]s are conclusive with respect to all elements of responsibility of prospective small business contractors.”

Sonoran Tech. & Prof'l Servs., LLC v. United States, 133 Fed. Cl. 401 (Fed. Cl. 2017). “” 48 C.F.R. § 19.602-4 (1986). According to a plain reading of this provision, the SBA’s issuance of a COC is not reviewable.”

Cavalier Clothes, Inc. v. The United States, 810 F.2d 1108 (Fed. Cir. 1987). “48 C.F.R. § 19.602-4 (1985) (emphasis added).”

Celtech, Inc. v. United States, 24 Cl. Ct. 269 (Ct. Cl. 1991). · cites it 2× “See 48 C.F.R. § 19.602-4 (b). If the SBA denies the prospective contractor’s request for the COC, the procuring agency’s determination that the prospective contractor is not qualified to perform the contract stands.”

Neie, Inc. v. United States (Fed. Cl. 2013). “, 48 C.F.R. § 19.602-4 (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 .”

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