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Code · BILL · 115th Congress · H.R. 2810 (EAS) — 115 HR 2810 EAS: National Defense Authorization Act for Fiscal Year 2018 · Sec. 1602

Sec. 1602. Air Force space contractor responsibility watch list

346 words·~2 min read·/bill/115/hr/2810/eas/section-1602·

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The Commander of the Air Force Space and Missile Systems Center shall establish and maintain a watch list of contractors with a history of poor performance on space procurement or research, development, test, and evaluation program contracts. The Commander of the Air Force Space and Missile Systems Center may place a contractor on the watch list established under subsection
(a)upon determining that the ability of the contractor to perform Air Force space contracts has been called into question by any of the following issues: Poor performance or award fee scores below 50 percent. Financial concerns. Felony convictions or civil judgements. Security or foreign ownership and control issues. The Commander of the Air Force Space and Missile Systems Center shall be responsible for determining which contractors to place on the watch list, whether an entire company or a specific division should be included, and when to remove a contractor from the list. The Air Force Space and Missile Systems Center may not solicit an offer from, award a contract to, execute an engineering change proposal with, or exercise an option on any Air Force space program with a contractor included on the list established under subsection
(a)without the prior approval of the Commander of the Air Force Space and Missile Systems Center. A prime contractor on a Air Force Space and Missile Systems Center contract may not enter into a subcontract valued in excess of $3,000,000 or 5 percent of the prime contract value with a contractor included on the watch list established under subsection
(a)without the prior approval of the Commander of the Air Force Space and Missile Systems Center. A contractor may submit to the Commander a written request for removal from the watch list, including evidence that the contractor has resolved the issue that was the basis for inclusion on the list. Nothing in this section shall be construed as preventing the suspension or debarment of a contractor, but inclusion on the watch list shall not be construed as a punitive measure or de facto suspension or debarment of a contractor.
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