; and (4) NASA should continue to develop and promote common terminology and concepts for spacecraft design and safety. 605. NASA contractor responsibility watch list (a) In general The Administrator shall establish and maintain a watch list of contractors with a history of poor performance on space procurement contracts or research, development, test, and evaluation space program contracts. (b) Basis for inclusion on list (1) Determination The Administrator may place a contractor, including parties contracting under other transaction authorities, on the watch list established under subsection (a) upon determining that the ability of the contractor to perform a contract specified in such subsection is uncertain because of any of the following: (A) Poor performance or award fee scores below 50 percent. (B) Financial concerns. (C) Felony convictions or civil judgements. (D) Security or foreign ownership and control issues. (2) Discretion of the administrator The Administrator 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. (c) Effect of listing (1) Prime contracts NASA may not solicit an offer from, award a contract to, execute an engineering change proposal with, or exercise an option on any program of NASA with a contractor included on the list established under subsection (a) without the prior direct approval of the Administrator. (2) Subcontracts A prime contractor on a contract entered into with NASA may not enter into a subcontract valued in excess of $3,000,000 or five percent of the prime contract value, whichever is lesser, with a contractor included on the watch list established under subsection (a) without the prior approval of the Administrator. (d) Request for removal from list A contractor may submit to the Administrator a written request for removal from the watch list, including evidence that the contractor has resolved the issue that was the basis