My agency advertises and awards multiple BPAs for various commercial resource categories (under Part 12 and 13 procedures). The following factors are used to evaluate quotes for BPA establishment: (i) operational acceptability of equipment/resource offered to meet the Government requirement (ii) price reasonableness (iii) past performance dependability risk (high, low, or unknown based upon customer satisfaction as reflected in evaluations received for the quoter and other related experience within the past 36 months, compliance with Federal, state, and local laws and regulations, and quoter’s history of reasonable and cooperative behavior) Some agency COs (and legal advisors) contend if a decision is made to not establish a BPA with a small business concern determined to be a “high performance risk” a COC must be sought from SBA. I question the need for SBA involvement as: 1) we are awarding agreements not contracts; 2) a decision not to award is based upon a high performance risk (as opposed to a non-responsibility finding) and we are establishing these BPAs under Part 13 (not strictly utilizing LPTA - Part 15); 3) FAR 13.303-2 prescribes consideration of “suppliers whose past performance has shown them to be dependable” and FAR 13.106-2 discusses evaluation based on only price and past performance with no mention of a COC requirement. Appreciate any insight on this. Thanks.