If the CO and the SBA area office cannot reach a resolution, who has the final say regarding a small business's ability to perform?

The SBA associate administrator for government contracting has the final say regarding a small business's ability to perform when there is a disagreement between the contracting officer (CO) and the Small Business Administration (SBA) area office. This position is critical because the associate administrator has the authority and responsibility to interpret and enforce regulations related to small business participation in government contracting.

When issues arise regarding a small business's eligibility or capability to fulfill contract obligations, the CO and SBA area office often attempt to collaborate to resolve the matter. However, should they fail to reach an agreement, the next step involves escalating the issue to the associate administrator. This role is designed to provide a level of oversight and a definitive ruling in complex situations, ensuring that small businesses have fair opportunities while also upholding federal contracting standards.

The other roles listed do not possess the same level of authority regarding these specific disputes. The contracting officer is responsible for managing the contract but does not have the final say over eligibility questions or interpretations of small business program criteria. The head of the SBA has broader responsibilities and may not directly intervene in individual contract disputes. Similarly, the contracting officer representative typically has a role in overseeing contract performance but does not have the authority to make binding decisions on eligibility matters.