22.1407
Actions because of noncompliance
Contracting officers must promptly enforce Department of Labor sanctions against contractors who violate equal opportunity requirements for workers with disabilities.
Overview
FAR 22.1407 outlines the required actions contracting officers must take when a contractor is found noncompliant with the Equal Opportunity for Workers with Disabilities clause (FAR 52.222-36). Upon notification from the appropriate agency official, the contracting officer is responsible for promptly implementing any sanctions imposed by the Department of Labor. These sanctions, as referenced in 41 CFR 60-741.66, may include withholding payments, terminating or suspending the contract, or debarment of the contractor. The regulation ensures that violations of disability employment requirements are addressed swiftly and effectively to maintain compliance and uphold equal opportunity standards.
Key Rules
- Prompt Action on Notification
- Contracting officers must act quickly upon receiving notice of noncompliance from the appropriate agency official.
- Implementation of Sanctions
- Sanctions may include withholding payments, contract termination or suspension, or debarment, as determined by the Department of Labor.
Responsibilities
- Contracting Officers: Must promptly implement Department of Labor-imposed sanctions for violations of the Equal Opportunity for Workers with Disabilities clause.
- Contractors: Must comply with FAR 52.222-36 to avoid sanctions.
- Agencies: Must notify contracting officers of violations and ensure sanctions are enforced.
Practical Implications
- This section exists to enforce compliance with disability employment requirements in federal contracts.
- It impacts daily contracting by requiring swift action against noncompliant contractors, protecting the government's interests and upholding equal opportunity.
- Common pitfalls include delays in implementing sanctions or failing to follow proper procedures, which can result in further compliance issues.