Part 5309 - Contractor Qualifications
Revised: June 2023
Subpart 5309.1 - RESPONSIBLE PROSPECTIVE CONTRACTORS
(b)(i) Section 1612 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (P.L. 115-91) requires Space Systems Command (SSC) to establish and maintain a Space Contractor Responsibility Watch List (CRWL). SSC Instruction (SSCI) 64-101, Space Contractor Responsibility Watch List (CRWL), establishes the CRWL and its applicability to space program solicitations or contracts.
5309.104-1 General Standards
See the tailorable Determination and Findings -- Contractor Responsibility template.
Subpart 5309.2 - QUALIFICATION REQUIREMENTS
(a) See MP5301.601(a)(i).
Subpart 5309.4 - DEBARMENT, SUSPENSION, AND INELIGIBILITY
5309.405 Effect of Listing
(a) See MP5301.601(a)(i). Provide a copy of request to SAF/GCR. The request must include a description of efforts taken to establish alternate sources and the impact if the exception is not granted. The cognizant HCA will forward the approved exceptions to GSA.
(b)(ii)(A) See MP5301.601(a)(i).
(e)(2) - (3) See MP5301.601(a)(i).
5309.405-1 Continuation of Current Contracts
5309.405-2 Restrictions on Subcontracting
(a) See MP5301.601(a)(i).
(a) Investigation and referral.
(i) The contracting officer or the referring person must promptly notify SAF/GCR, their SCO, and their designated legal counsel with all known information relating to the following:
(1) Any non-responsibility determination.
(2) Any indictment, conviction, or civil judgment (including those listed on required certifications, or those disclosed in accordance with FAR 3.1003 or FAR 52.203-13 relating to an offeror’s or contractor’s lack of integrity or business honesty, regardless of whether the indictment, conviction, or civil judgment related to a government contract.
(3) Any recommended or final termination for default or for cause.
(4) Any recommendation for debarment or suspension.
(5) Any debarred or suspended contractor who bids on a Government contract (including those who indicate debarment or suspension on required certifications).
(ii) The contracting officer must provide additional information as requested by SAF/GCR.
(b) Decision-making process.
(2) If SAF/GCR determines that a hearing is required, the contracting activity must provide witnesses and other support as requested.
The contracting officer must follow the debarment procedures at 5309.406-3 above for suspensions.
Subpart 5309.5 - ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST
5309.504 Contracting Officer Responsibilities
(c) See MP5301.601(a)(i).
5309.505 General rules.
(b)(2) An unfair competitive advantage exists where a contractor competing for award of any Federal contract possesses any information that is relevant to the contract but is not available to all competitors that is acquired as part of official duties by prior government officials, and such information would assist the contractor in obtaining the contract.
5309.507-2 Solicitation Provisions and Contract Clause
(a) In accordance with FAR 9.507-2, insert the clause at DAFFARS 5352.209-9000, Organizational Conflict of Interest, substantially as written, in Section I when the contractor's eligibility for future prime contract or subcontract awards shall be restricted because of services being provided as stated in FAR 9.505-1 through -4.
(1) Insert the basic clause when the contractor will be providing systems engineering and/or technical direction. See FAR 9.505-1.
(2) Insert the clause with its Alternate I when the contractor will be preparing specifications or work statements. See FAR 9.505-2.
(3) Insert the clause with its Alternate II when the contractor will be providing technical evaluation or advisory and assistance services. See FAR 9.505-3.
(4) Insert the clause with its Alternate III when the contractor will be obtaining access to proprietary information. See FAR 9.505-4.
(5) Insert the clause with its Alternate IV when the contract is a task ordering contract and when more than one system is supported. The contracting officer may modify Alternate IV to include a list of systems for which task orders may be issued and indicate which organizational conflict of interest provision in paragraph (a)(2) shall apply.
(6) Insert the clause with its Alternate V when the contract provides for delivery orders. The contracting officer shall indicate in each delivery order which organizational conflict of interest provision in paragraph (a)(2) shall apply.
(7) Insert Alternate VI when it is necessary to have the restrictions of this clause included in all or some subcontracts, teaming arrangements, and other agencies calling for performance of work related to the contract.
5309.571-7 Systems Engineering and Technical Assistance Contracts
(c)(1) See MP5301.601(a)(i).