---
kind: "section"
citation: "10 U.S.C. § 2271a"
title: "10"
title_heading: "Armed Forces"
number: "2271a"
heading: "Space Contractor Responsibility Watch List"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2271a"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 135 — Space Programs"
---

# §2271a. Space Contractor Responsibility Watch List

- (a) **Establishment.—** The Assistant [Secretary](/usc/10/4951.md?p=3) of the Air Force for Space Acquisition and Integration, acting as the [service acquisition executive](/usc/10/101.md?p=a-10) for the Air Force for space systems and [programs](/usc/10/2101.md?p=1), shall maintain a list of contractors with a history of poor performance on space [procurement](/usc/10/3011.md?p=1) contracts.
- (b) **Basis for Inclusion on Watch List.—**
  - (1) The Assistant [Secretary](/usc/10/4951.md?p=3) shall place a contractor, which may consist of the entire contracting entity or a specific division of the contracting entity, on the watch list based on a determination made under [paragraph (2)](#b-2).
  - (2)
    - (A) In considering whether to place a contractor on the watch list, the Assistant [Secretary](/usc/10/4951.md?p=3) shall determine whether there is evidence of any of the following:
      - (i) Poor performance on one or more space [procurement](/usc/10/3011.md?p=1) contracts, or award fee scores below 50 percent.
      - (ii) Inadequate management, operational or financial controls, or resources.
      - (iii) Inadequate security controls or resources, including unremediated vulnerabilities arising from foreign ownership, control, or influence.
      - (iv) Any other failure of controls or performance of a nature so serious or compelling as to warrant placement of the contractor on the watch list.
    - (B) If the Assistant [Secretary](/usc/10/4951.md?p=3) determines, based on evidence described in any of clauses [(i)](#b-2-A-i) through [(iv)](#b-2-A-iv) of subparagraph (A), that the ability of a contractor to responsibly perform is meaningfully impaired, the Assistant [Secretary](/usc/10/4951.md?p=3) shall place the contractor on the watch list.
    - (C) The Assistant [Secretary](/usc/10/4951.md?p=3) shall establish written policies for the consideration of contractors for placement on the watch list, including policies that require that—
      - (i) contractors proposed for placement on the watch list shall be provided with notice and an opportunity to respond;
      - (ii) the basis for a final determination placing a contractor on the watch list shall be documented in writing; and
      - (iii) at the request of a contractor, the contractor shall be removed from the watch list if the Assistant [Secretary](/usc/10/4951.md?p=3) determines that there is evidence that the issue resulting in placement on the list has been satisfactorily remediated.
- (c) **Effect of Listing.—**
  - (1) The Assistant [Secretary](/usc/10/4951.md?p=3) may not solicit an offer from, award a contract to, consent to a [subcontract](/usc/10/3701.md?p=2) with, execute a grant, cooperative agreement, or other transaction with, or exercise an option on any space [procurement](/usc/10/3011.md?p=1) contract with, an entity included on the watch list unless the Assistant [Secretary](/usc/10/4951.md?p=3) makes a written determination that there is a compelling reason to do so.
  - (2) Not later than 10 days after the Assistant [Secretary](/usc/10/4951.md?p=3) makes a determination under [paragraph (1)](#c-1), the Assistant [Secretary](/usc/10/4951.md?p=3) shall notify the [congressional defense committees](/usc/10/101.md?p=a-16) and the Interagency Committee on Debarment and Suspension constituted under sections 4 and 5 of Executive Order 12549 (51 Fed. Reg. 6370; relating to debarment and suspension) of the determination.
- (d) **Limitation on Delegation.—** The Assistant [Secretary](/usc/10/4951.md?p=3) may delegate the authority to make a determination under [subsection (b)(2)(B)](#b-2-B) or [subsection (c)(1)](#c-1) only if the following criteria are met:
  - (1) The delegation is to the suspension and debarment official of the Air Force.
  - (2) The delegation is made on a case-by-case basis.
  - (3) Not later than seven days after the date on which such determination is made, the Assistant [Secretary](/usc/10/4951.md?p=3) notifies the [congressional defense committees](/usc/10/101.md?p=a-16) of the delegation.
- (e) **Rule of Construction.—** 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.
- (f) **Definitions.—** In this section:
  - (1) The term “contract” [includes](/usc/10/101.md?p=g-4) a grant, cooperative agreement, or other transaction.
  - (2) The term “contractor” means any individual or entity that enters into a contract.
  - (3) The term “watch list” means the watch list maintained under [subsection (a)](#a).

## Source credit

(Added Pub. L. 118–159, div. A, title XVI, § 1601(a), Dec. 23, 2024, 138 Stat. 2157.)

## Notes

### Editorial Notes

### Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 115–91, div. A, title XVI, § 1612, Dec. 12, 2017, 131 Stat. 1729, which was set out in a note under section 2271 of this title, prior to repeal by Pub. L. 118–159, div. A, title XVI, § 1601(b), Dec. 23, 2024, 138 Stat. 2158.