Certificate of Competency
The Certificate of Competency (COC) program allows a small business to appeal a contracting officer’s determination that it is unable to fulfill the requirements of a specific government contract on which it is the apparent low bidder.
This course provides an overview of the COC program and the appeal process.
Duration: 00:30:00
Content
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The Certificate of Competency (COC) program allows a small business to appeal a contracting officer’s determination that it is unable to fulfill the requirements of a specific government contract on which it is the apparent low bidder.
This course provides an overview of the COC program and the appeal process.
Duration: 00:30:00
Text Based Accessible File Certificate of Competency Program Overview
Slide 1 Certificate of Competency
U.S. Small Business Administration
Office of Government Contracting & Business Development September 2014
This is about helping small businesses win federal contracts.
Welcome to SBA’s training module, Certificate of Competency – Program Overview.
Slide 2 Introduction
The Certificate of Competency Program is designed to help small firms qualify for specific contracts…
More precisely, the program allows a small business to appeal a contracting officer’s determination that it is unable to fulfill the requirements of a government procurement on which it is otherwise in line to receive.
The program further allows the Small Business Administration to review the circumstances and, if applicable, issue a certificate of competency on behalf of the contractor to the contracting officer. The applicant must be able to demonstrate that it is sufficiently responsible to perform on the contract.
Slide 3 Question of Responsibility
The question of responsibility…
Before any large or small business can be awarded a federal contract, a contracting officer must affirmatively determine that the firm is responsible to perform the specific contract it is otherwise in line to receive. This question of responsibility is the foundation of the COC program.
Contract responsibility standards are outlined in FAR Subpart 9.1. Slide 4 Course Objectives
The objectives of this training exercise are to: (1) provide a meaningful overview of the COC program, and (2) assist contracting officers and others to better understand and to more efficiently use the COC program.
Slide 5 Course Contents
The course provides an overview of the COC program.
Specifically, it outlines the COC referral process, describes small business eligibility requirements, highlights key aspects of the application process and describes SBA’s role in reviewing COC applications and administering the program.
Slide 6 Program Summary and Governance
Program summary and governance.
Slide 7 Program Purpose
The purpose of the program…
The COC program provides a written certification — from the SBA to the contracting officer — that a designated small business has the capability to perform on a specific government contract. It provides a small firm with an avenue of appeal to a contracting officer’s negative determination that it is not sufficiently responsible to fulfill the requirements of a specific federal procurement. The issuance of a COC can only be initiated by a contracting officer’s referral.
The Certificate of Competency Program helps a small business establish or reestablish itself as a viable government contractor.
Slide 8 COC Program Governance
The COC program is an important small business tool in federal contract markets. It was established by Section 8(b)(7) of the Small Business Act and is primarily governed by 13 CFR
125.5 and FAR Subpart 19.6.
Slide 9 Referral of Non-Responsibility to SBA Referral of non-responsibility to the SBA.
Slide 10 The COC Referral
The basis of the COC program is the referral…
When a contracting officer determines that a potentially successful small business contract- offeror lacks certain elements of responsibility, including but not limited to capability, competency, capacity, credit, integrity, perseverance, tenacity and limitations on subcontracting – the CO is required to refer the matter in writing to the SBA.
The referral must include: the solicitation; a copy of the offer submitted by the small business; abstract of bids (if applicable); pre-award survey (if applicable); the CO’s written determination of non-responsibility; technical data package; and, any other justification or determination used to arrive at the non-responsibility determination.
Importantly, the COC referral must indicate that the offeror has been found to be responsive regarding some elements of the solicitation, but it must also clearly identify the reasons for the determination of non-responsibility.
Slide 11 Contract Award Withheld – 15 Days or Longer
Upon referral to the SBA — with all required documentation in-place, the contract award must be withheld by the contracting officer for a period of at least 15 working days – or longer if agreed to by both the SBA and the contracting officer.
Slide 12 Eligibility Requirements for COC Consideration
Eligibility requirements for COC consideration.
Slide 13 Burden of Proof
The burden of proof is on the small business offeror…
Once a contracting officer’s COC referral is received by the SBA, the agency will then inform the small business of the CO’s determination and offer it the opportunity to apply to the SBA for a Certificate of Competency – by a specific date.
The offeror must be able to demonstrate to the SBA that it is eligible for COC consideration. That is, the burden of proof is on the business to show that it meets specific COC eligibility criteria regarding small business size standards, type of business, performance requirements and end products being delivered.
Slide 14 Qualify as Small Business
Importantly, the business must qualify as a small business under the size standard applicable to the procurement. If the procurement does not specify a size standard or NAICS code, SBA will assign the appropriate size standard to determine COC eligibility.
A firm applying for a certificate of competency will be required to submit, among other documents, SBA Form 355, Application for Small Business Size Determination to the SBA.
Slide 15 Limitations on Subcontracting Requirements
Limitations on subcontracting…
If an acquisition is set-aside or reserved, a small business offeror must agree to comply with applicable limitations on subcontracting requirements. This is a general tenet applicable to most small business set-asides.
Therefore, agreeing to comply with limitations on subcontracting requirements is a matter of proposal acceptability and an important requirement for COC eligibility. However, beingable to comply with limitations on subcontracting requirements is a matter of responsibility and is thus an issue that may be addressed with a certificate of competency.
There is an important distinction between agreeing to comply and being able to comply with limitations on subcontracting requirements. This distinction is unique to the COC program.
Slide 16 Non-Manufacturer Small Firms
A small firm that is a non-manufacturer — making an offer on a small business set-aside for supplies, must furnish end items manufactured in the United States by a small business. Further, a non-manufacturer small firm, making an offer on an unrestricted procurement or procurement utilizing simplified acquisition procedures, with a cost not exceeding $25,000, must also furnish end items manufactured in the United States.
A waiver of the non-manufacturer’s rule may be requested by the contracting officer for either the type of product being purchased or the specific contract at issue.
Slide 17 Assemblers of Kits
An offeror intending to provide a kit consisting of finished components or other components provided for a special purpose is also eligible for COC consideration. However, it must meet certain criteria. Specifically:
it must meet the size standard for the NAICS code assigned to the procurement;
each component of the kit is required to be manufactured in the US; and,
for a set-aside, each component of the kit is required to be manufactured by a small business that meets the size standard applicable to the component — unless the contracting officer has received a waiver for this requirement.