(a) The contracting officer shall request the SBA to specifically address those elements considered to be unsatisfactory and document the file accordingly. The reconciliation of differences should include, as appropriate, requests for updates and additional data from the CAO personnel responsible for the PAS.
(a)(90) If the SBA notifies the contracting officer of its intent to issue a CoC, the contracting officer shall either:
(1) Appeal the issuance of the CoC in accordance with DFARS 219.602-3(c)(i), as detailed below; or,
(2) Using the information currently available, determine the contractor to be responsible, document the file, and proceed with contract award; or,
(3) Determine to accept the CoC, without determining the contractor to be responsible. This alternative allows consideration of the circumstances of an individual acquisition which may make accepting the CoC the most reasonable alternative. Notice of the award shall be provided to the division chief (or another appropriate level above the contracting officer), to the activity postaward monitor, and to the contractor general file (see FAR 4.801(c)(3)).
(c)(90) If the contracting officer intends to appeal the issuance of the CoC, the contracting officer shall request the Small Business Specialist (SBS) to notify the SBA Headquarters of the intent to appeal the CoC in accordance with DFARS 219.602-3(c)(i). Within 3 workdays of receiving the SBA Headquarters notification of its intention to uphold the SBA Region's decision to issue a CoC, the contracting officer shall fax a report to J-71 summarizing the pertinent facts of the case. (Voluminous reports should be express mailed.) The pertinent facts shall include: name of the prospective contractor; item; quantity; dollar value; the specific elements for which the prospective contractor was determined to be nonresponsible; a copy of the pertinent portions of the preaward survey; SBA's rationale for issuing the CoC; and, the proposed alternative means of satisfying the requirements. A copy of this report shall also be forwarded to the SBS at the activity. The Director, Acquisition Management, (J-7) , shall review the information provided and advise the contracting officer within 5 workdays of the decision to support the appeal, or to recommend acceptance of the CoC. The Executive Director, Acquisition Management shall provide a copy of that decision to the Director, Small and Disadvantaged Business Utilization (DDAS). If the Executive Director, Acquisition Management elects to support the formal appeal, the contracting officer will be advised to expeditiously prepare the formal appeal and forward it through the activity SBS to DDAS in accordance with DFARS 219.602-3(c). The formal appeal shall include at a minimum: the particulars of the contract, (i.e., item, quantity, etc.); the PAS; the contracting officer's determination of nonresponsibility; any appropriate update on the contractor's progress toward becoming responsible; and a discussion of the attempts made to reconcile differences with the SBA. The Director, Acquisition Management, (J-7) , shall be provided a simultaneous copy of the appeal. Formal appeals shall be forwarded for receipt at DLA within 5 workdays of notice that the Executive Director, Acquisition Management supports the contracting officer's intent to appeal. Formal appeals should be indexed and tabbed.
(91) Once the contracting office requests the SBA Headquarters to review the intention of the Area office to issue a CoC, DLA contracting personnel are not authorized to waive the right to appeal, or to forfeit an appeal, without the concurrence of the Executive Director, Acquisition Management . Requests for such concurrence shall include substantially the same type of information submitted in the report notifying the Executive Director, Acquisition Management of the contracting officer's intention to appeal.
(92) All reports submitted by the contracting officer to the Executive Director, Acquisition Management concerning CoC appeals shall be forwarded through the chief of the contracting office (see 2.101) for all other activities.
(93) The requirements of subparagraphs 19.602-3(c)(90) and (91) do not apply to simplified acquisitions. Contracting offices are authorized to develop local procedures to process appeals on simplified acquisitions.
