§ 1819.602-3 - Resolving differences between the agency and the Small Business Administration.

(a) When there is a disagreement between the contracting officer and SBA, the contracting officer shall forward to the Associate Administrator for Procurement (Code H) through channels, on an expedited basis, a complete case file with a request that the case be considered for appeal to SBA Headquarters. The contracting officer shall include the data already furnished to SBA, SBA's rationale for proposing to issue a certificate of competency, and the contracting officer's comments. The contracting officer shall suspend procurement action until informed by the Associate Administrator for Procurement of the final decision in the case.

(b) If the Associate Administrator for Procurement concludes that the referral to SBA should be withdrawn and a contract awarded without benefit of a certificate of competency, the Associate Administrator for Procurement shall inform the contracting officer and provide written instructions on how to proceed with the procurement.

(c) If the Associate Administrator for Procurement agrees with the contracting officer's recommended appeal action, the contracting officer shall request SBA's Central Office to review the SBA Regional office's proposal to issue a certificate of competency.