[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Notices]
[Pages 65029-65030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31329]


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DEPARTMENT OF DEFENSE

Contractor Alert List (CAL); Notice

November 26, 1996.
AGENCY: Defense Logistics Agency, Department of Defense.

ACTION: Notification of change in contractor alert list reason codes.

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SUMMARY: This notice announces proposed policy for managing for 
Contractor Alert List. This policy will be included in the Defense 
Logistics Agency Directive 5000.4, Contract Management (One Book).
    The proposed policy revises the criteria used to place Defense 
contractors on the CAL.

EFFECTIVE : Upon release of a Defense Contract Management Command 
Policy Memorandum.

FOR FURTHER INFORMATION CONTACT: Lieutenant Colonel Luc Degrate or Mr. 
Mike Williams, Contractor Capability and Proposal Analysis, Defense 
Logistics Agency, Department of Defense, 8725 John J. Kingman Road, 
Fort Belvoir, Virginia 22060-6221, (703) 767-3379 or 767-3397, 
respectively.

[[Page 65030]]

SUPPLEMENTARY INFORMATION:

Contractor Alert List

A. Reference

    DLAD 5000.4, Contract Management (One Book).

B. General

    1. FAR 9.103 requires that contracts be awarded to responsible 
contractors. Once the PCO determines a prospective contractor's bid or 
proposal is responsive, the PCO must further determine that the firm is 
responsible. The DLA Contractor Alert List (CAL) assists with making 
that decision.
    2. The CAL notifies buying activities that information exists at 
Contract Administration Offices (CAOs) which indicates that certain 
contractors will require close examination to make a determination of 
responsibility. The CAL is prepared for use by the Department of 
Defense (DoD) and other Government procurement activities. Appendix 1 
is the preface which introduces the CAL report.
    3. The Contractor Capability & Proposal Analysis Team (AQOD), is 
designated the Office of Primary Interest (OPI) for the CAL. The 
Product and Manufacturing Assurance Team (AQOG), is the point of 
contact for issues specifically related to Quality Assurance data on 
the CAL.
    4. The Defense Contract Management District CAL Manager:
    a. Is the District focal point for CAL issues;
    b. Is the team leader for uniform District-wide implementation of 
the CAL program;
    c. Does periodic reviews to validate that CAL policy is being 
followed by the CAOs; and
    d. Provides CAO CAL Managers with CAL training, as necessary.
    5. The CAO CAL Manager:
    a. Develops and promulgates CAO CAL procedures consistent with the 
policy herein;
    b. Is responsible for the performance of the CAL program at the CAO 
level;
    c. Is the focal point for all the internal and external 
communications pertaining to CAL;
    d. Promptly answers queries pertaining to the CAL;
    e. Review, validates, and inputs CAL data into MOCAS by the fifth 
workday of the month;
    f. Ensures applicable reason codes set forth in Appendix 2 of this 
chapter are assigned; and
    g. Ensures CAL contains only contractors that meet the Appendix 2 
criteria.

C. Process

    1. Putting contractors on the CAL. Contractors shall be placed on 
the CAL when the CAO functional elements become aware of any of the 
problems set forth in Appendix 2. The company shall be notified in 
writing at the time it is place on CAL. The CAL notification letter, at 
a minimum, will contain the following paragraph: ``Your placement on 
the CAL is not a determination of your responsibility nor can it be 
used by the Government as a basis for making a determination that you 
are not responsible. It merely indicates that a condition exists which 
may or may not have to be resolved prior to awarding your company 
further contracts. It is to the mutual benefit of both your company and 
the Government, as well as in the public interest, to correct any 
condition that may interfere with your company's successful performance 
of any proposed contract.''
    2. Update/remove from the CAL. a. The CAL Manager in each CAO shall 
make a monthly review and query originators of CAL information to 
ensure that a reason still exists for the company remaining on the CAL. 
If the reason code for a company being on the CAL has changed, the CAL 
shall be appropriately update.
    b. The cognizant CAO CAL manager will notify a company in writing 
when it is removed from the CAL.
    3. Input data and disseminate reports. a. CAO CAL managers shall 
ensure monthly input of CAL data by the responsible elements. CAO will 
review, validate, and transmit CAL input data by the fifth workday of 
the month.
    b. The Defense Information System Agency MegaCenter (DSC), 
Columbus, is the custodian of the CAL, and is responsible for 
maintenance of the system and dissemination of CAL reports to our 
customers (buying activities) on a monthly basis. DCMDE operates the 
electronic bulletin board for electronic dissemination of the CAL data.

D. Synopsis of Process

1. Inputs
    a. CAO monthly CAL data.
    b. DSC monthly CAL data.
2. Process Outputs
    a. DLA Contractor Alert List.
    b. DLA Contractor Alert List on DCMDE Electronic Bulletin Board.

Appendix 1--Preface to CAL Report

    1. The enclosed DLA Contractor Alert List (CAL) contains 
information collected from the Defense Contract Management Command's 
Contract Administration Offices on contractors under their cognizance.
    2. The list is to serve as a notice to contracting officers that, 
based upon information available at the cognizant contract 
administration office, a condition exists at the contractor's facility 
which the contracting officer should consider prior to awarding the 
contract. At a minimum, the contracting officer should consult with the 
Preaward Survey Manager (PSM) at the cognizant contract administration 
office to determine the necessity for a formal Preaward Survey, and to 
obtain the most current, accurate and complete information.
    3. The list shall not be used by contracting officers as a basis 
for a responsibility determination. The fact that a contractor appears 
on the list does not indicate that the contractor is not responsible. 
The contracting officer must continue to make a responsibility 
determination on each contractor using all information available at the 
time of the determination.

Appendix 2--Listing of CAL Reason Codes

Code

    1. The contractor has delivered complete at least 12 contracts in 
the prior 12 months, and the line item on-time delivery rate is less 
than 65 percent. This will be calculated using: (i) the initial 
contract delivery schedule (unless schedule revision was caused by the 
Government); and (ii) data on line items from contracts delivered 
complete during the prior 12 months (that is, percentage actually 
delivered late, not percentage delinquent of on-hand line items which 
have not been delivered yet).
    2. The contractor has been issued a Level III or IV corrective 
action request.
    3. The contractor's financial condition would result in or did 
result in a negative preaward survey.
Frank K. Toda,
Colonel, USAF, Chief, Performance Assessment Team.
[FR Doc. 96-31329 Filed 12-9-96; 8:45 am]
BILLING CODE 3620-01-M