Mandatory Procedure

Tableof Contents

MP5309.190 AirForce Space Contractor Responsibility Watch List (CRWL)

[2019Edition]

5309.190-1 CRWL SOLICITATION AND CONTRACTLANGUAGE

Insert the language provided at the link belowwhen preparing a space program solicitation or contract (See AFFARS5302):

(a)Notwithstanding the prescription at FAR 44.204(a)(1), include the Attachment1 clause of the SMCSubcontract Clause Class Deviation in full text in solicitationsand resultant contracts in lieu of the FAR clause 52.244-2,Subcontracts.

(b)Insert mandatory CRWLlanguage in sole source solicitations (in the solicitationletter), competitive solicitations (in the contracts volume whereother responsibility matters are addressed), and in contracts (inStatements of Work or Performance Work Statements or similardocuments). In all contracts include SMCI64-101 on the compliance document list.

5309.190-2 Processes When a Contractor orSubcontractor is Listed on the CRWL

Procedures for proceeding with an action listed inAFFARS 5309.103(b)(iii) when thecontractor or subcontractor is listed on the CRWL.

(a) PrimeContractors. Review the facts surrounding the decision to place thecontractor on the CRWL (See AFFARS5309.105-1(a)(1)) and other relevant information to determinewhether to recommend proceeding with the action. The determinationis documented using a contracting officer s D&F.

(1) If the contracting officer s determination recommendsproceeding despite the contractor being listed on the CRWL, thecontracting officer must obtain approval of the determination fromSMC/CC before proceeding with the contract action. The contractingofficer shall coordinate the D&F with the applicable COCO and SMC2-Letter Director, SMC/JA, SMC/PI, SMC/SB (if the contractor is asmall business), and SMC/PK prior to seeking SMC/CC approval. IfSMC/CC does not approve the D&F, the contracting officer may notproceed with the action. If the action was a sole source contractaward, entering into discussions (or equivalent activity), or acompetitive contract award (i.e., pre-award actions), the contractingofficer must notify the contractor in writing that it has beendetermined non-responsible as a result of the conditions that causedits listing on the CRWL. The determination of non-responsibilitymust be documented in the AFFARS Contractor Responsibility templateas tailoredfor SMC (See AFFARS 5309.105-2(a)(1)). When the conditions in FAR 9.105-2(b)(2)(i) apply, the determinationof non-responsibility shall be documented in FAPIIS.

(2) If the action was a sole source contract award, entering intodiscussions (or equivalent activity), or a competitive contract awardand the contracting officer determines not to proceed with theaction, the contracting officer shall make a determination ofnon-responsibility (which does not require SMC/CC approval) and mustnotify the contractor in writing that it has been determinednon-responsible as a result of the conditions that caused its listingon the CRWL. The determination of non-responsibility must bedocumented in the AFFARS Contractor Responsibility template astailoredfor SMC (See AFFARS 5309.105-2(a)(1)). When the conditions in FAR 9.105-2(b)(2)(i) apply, the determinationof non-responsibility shall be documented in FAPIIS.

(3) When the contract action does not require the contractor to benotified, e.g., option exercise or contract modification,notification is permitted at the contracting officer s discretionconsidering the type of action, previous interactions with thecontractor, and other relevant circumstances.

(b)Subcontractors. Prime contractors must obtain the contractingofficer s consent to subcontract with a company listed on the CRWLbefore awarding a subcontract valued in excess of $3M or 5% of theprime contract value, whichever is lesser. Proposed subcontractorsmust disclose to the prime contractor if they are listed on the CRWL. If the prime contractor requests consent to subcontract with acontractor listed on the CRWL, review the prime contractor sdetermination of subcontractor responsibility, the facts surroundingthe decision to place the proposed subcontractor on the CRWL (SeeAFFARS 5309.105-1(a)(1)), and any otherrelevant information to determine whether or not grant consent. Ifthe contractor s request for subcontract consent is submitted withits competitive proposal, the contracting officer s determinationwhether to grant or withhold consent must be made before enteringinto discussions (or equivalent activity) with the prime contractor. If the contractor s request for subcontract consent is submittedpost award, consider it upon receipt.

(1) If the contracting officer recommends granting consent despitethe proposed subcontractor s listing on the CRWL, the contractingofficer must obtain approval from SMC/CC before granting consent tosubcontract. The contracting officer shall document thedetermination to grant consent on a contracting officer s D&Fand shall coordinate the D&F with the applicable COCO and SMC2-Letter Director, SMC/JA, SMC/PI, SMC/SB (if the subcontractor is asmall business), and SMC/PK prior to seeking SMC/CC approval. IfSMC/CC does not approve the D&F, the contracting officer mustnotify the prime contractor in writing that consent to subcontract iswithheld as a result of the conditions that led to thesubcontractor s listing on the CRWL.

(2) If the contracting officer determines not to request SMC/CCapproval to grant consent, the contracting officer shall notify theprime contractor in writing that consent to subcontract is withheldas a result of the conditions that led to the proposedsubcontractor s listing on the CRWL.

5309.190-3 Process for Adding a Contractor orSubcontractor to the CRWL

(a) When an SMCcontracting officer obtains information or otherwise becomes awarethat a contractor s or subcontractor s ability to successfullyperform space program contracts is uncertain due to any of theconditions listed at AFFARS 5309.103(b)(ii)and determines, in coordination with the program manager, COCO, andapplicable SMC 2-Letter Director, to recommend listing on the CRWL,the SMC contracting officer shall prepare a staff package thatcontains, at a minimum, the following contents-

(1) A determination and findings (D&F) to be signed by SMC/CCdocumenting the issues, their potential effect on the contractor sor subcontractor s ability to perform on space program contracts orsubcontracts, and the determination to add the contractor orsubcontractor to the CRWL; (2) A draft letter from SMC/CC to thecontractor or subcontractor providing notification of the decision toplace it on the CRWL and the reason for that decision; and

(3) Any other documentation supporting the recommendation for listingon the CRWL.

(b) Thecontracting officer shall coordinate the staff package with theapplicable COCO and SMC 2-Letter Director, SMC/JA, SMC/PI, SMC/SB (ifa small business), and SMC/PK prior to seeking SMC/CC approval.

(c)Upon approval of the D&F, the contracting officer shall releasethe SMC/CC notification letter to the contractor or subcontractor. Copies of all packages, approved or disapproved, shall be forwardedto SMC/PKC. SMC/PKC shall maintain a repository of the determinationand findings, SMC/CC notification letter, and supportingdocumentation and, if the D&F was approved, shall add thecontractor to the CRWL.

5309.190-4 Process for Removing a Contractor orSubcontractor from the CRWL

(a) IAW SMCI64-101, contractors or subcontractors may seek removal from the CRWLat any time by submitting a written request to SMC/CC. The requestmust provide evidence that the company has addressed or resolved theconditions that caused it to be listed. Upon receipt of such arequest, SMC/CC will forward the request to SMC/PK for action. TheCRWL Working Group will coordinate with the applicable SMC 2-LetterDirectorate(s) and contracting officer(s) and develop a staff packagewith a recommendation to SMC/CC. SMC/CC will respond to thecontractor s request in writing within 90 calendar days of therequest. The staff package shall include, at a minimum, thefollowing—

(1) A D&F to be signed by SMC/CC summarizing the originalrationale for listing on the CRWL, restating the contractor s orsubcontractor s rationale for requesting to be removed from theCRWL, an analysis whether the original concerns have been adequatelyaddressed, and recommended determination; (2) The contractor sor subcontractor s written request to be removed from the CRWL; (3) A draft letter from SMC/CC to the contractor orsubcontractor with notification of the decision; and,

(4) Any other documentation supporting the request and therecommended determination.

(b) The staffpackage shall be coordinated with the applicable COCO and SMC2-Letter Director, SMC/JA, SMC/PI, SMC/SB (if a small business), andSMC/PK prior to seeking SMC/CC approval.

(c) Upon approvalof the D&F and release of the SMC/CC notification letter to thecontractor, the SMC contracting officer will forward a copy of theabove package to SMC/PKC. SMC/PKC will maintain a repository of theD&F, SMC/CC notification letter, and supporting documentationand, if the determination approved the request, remove the contractoror subcontractor from the CRWL.