22.1309
Actions because of noncompliance
Contracting officers must promptly enforce Department of Labor sanctions against contractors who violate veteran equal opportunity requirements, which can include payment withholding, contract termination, or debarment.
Overview
FAR 22.1309 outlines the required actions contracting officers must take when a contractor is found noncompliant with the Equal Opportunity for Veterans clause (FAR 52.222-35). Upon notification from the appropriate agency official, the contracting officer is obligated to promptly implement any sanctions imposed by the Department of Labor. These sanctions, as referenced in 41 CFR 60-300.66, may include withholding progress payments, terminating or suspending the contract, or debarment of the contractor. The regulation ensures that violations of veteran equal opportunity requirements are addressed swiftly and effectively, reinforcing the government's commitment to veteran employment rights.
Key Rules
- Prompt Action on Notification
- Contracting officers must act quickly upon receiving notice of noncompliance and imposed sanctions.
- Implementation of Sanctions
- Sanctions may include withholding payments, contract termination or suspension, or debarment, as directed by the Department of Labor.
Responsibilities
- Contracting Officers: Must promptly implement Department of Labor-imposed sanctions for violations of the Equal Opportunity for Veterans clause.
- Contractors: Must comply with FAR 52.222-35 requirements to avoid sanctions.
- Agencies: Must notify contracting officers of violations and imposed sanctions.
Practical Implications
- This section ensures swift enforcement of veteran employment protections in federal contracts.
- Contractors risk significant penalties, including payment withholding, contract loss, or debarment, for noncompliance.
- Contracting officers must be vigilant and responsive to agency notifications to maintain compliance and avoid delays.