If a contracting officer determines that a small business offeror is not qualified to perform under a given solicitation, that typically means the offeror’s proposal will be rejected. But when the rejection deals with responsibility, the offeror may get a second bite at the apple through the SBA’s Certificate of Competency (“COC”) program. Whether this is news to you, or something you simply wish to understand a bit better, let’s take a look at the basics of the SBA’s COC Program, rules, and procedures.
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Event: Responsibility in Government Contracting, Hosted by Govology
To be awarded a government contract, a company must do more than submit the winning proposal — it must be “responsible.” The concept of responsibility in government contracting is far-reaching and can include such things as having adequate financial resources, a satisfactory ethical record, acceptable past performance, and even required security clearances.
On July 15, please join me and Chris Coleman as we discuss this cornerstone of government contracting in a session hosted by Govology. Chris and I will cover responsibility in-depth, including what is inclued in the FAR’s definition of responsibility, how the government evaluates responsibility, and how a small business can challenge a non-responsibility determination through the SBA’s Certificate of Competency process.
It’s easy to register: just click here. See you on July 15!
Certificates of Competency: A Little-Known Friend of the Small-Business Contractor
You can’t believe it. You did everything right. The solicitation required that offerors have three distinct licenses. You have two, but one should cover for the license you don’t have. However, the agency says you have to have all three as distinct licenses, and denies your offer. Fortunately, you have a potential savior: The Certificate of Competency (“COC”)
Continue readingGAO: No SBA Certificate of Competency Review Needed for Failure to Adequately Explain Technical Approach
For small businesses, the SBA’s Certificate of Competency process can offer a powerful “second bite at the apple,” essentially allowing a small business to appeal to the SBA if a procuring agency finds the small business non-responsible.
But the SBA CoC process is limited to findings of non-responsibility under FAR Part 9. As GAO recently held, there is no right to appeal to SBA if the proposal was rejected for failing to adequately explain the small business’s technical approach.
Continue readingToo Late for Take-Backs: Ostensible Subcontractor Analysis Won’t Consider Post-Proposal Changes
In Warrior Service Company, LLC, SBA No. SIZ-6046 (Jan. 24, 2020), the SBA reminded small business contractors that it determines whether a contractor has violated the ostensible subcontractor rule as of the date of bid submission; SBA won’t consider any changes that come later.
Continue readingGAO Walks the Line on Whether Facility Clearance is Proposal Acceptability or Responsibility Matter
Your small business is interested in submitting a proposal that requires a Department of Defense Facilities Clearance (FCL). While you will not have the required FCL when proposals are due, you have applied for the FCL and all signs indicate you will have the FCL by the time contract performance begins. In this scenario, can the agency outright deny your proposal or would it have to refer your proposal to the SBA for a certificate of competency?
Turns out, it all hinges on whether GAO views the FCL requirement as a matter of proposal acceptability or corporate responsibility.
Continue reading5 Things You Should Know: SBA Certificates of Competency
If a contracting officer determines that a small business offeror is not qualified to perform under a solicitation, that usually means the offeror’s proposal will be rejected. In some instances, however, the offeror gets a second chance through the SBA’s Certificate of Competency (“COC”) program.
Here are five things you should know about the COC program.
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