22.1504 Violations and remedies
Source: FAR 22.1504 on acquisition.gov
Contractors must avoid the use of forced or indentured child labor and fully cooperate with investigations, or risk contract termination, suspension, or debarment.
Overview
FAR 22.1504 outlines the violations and remedies related to the prohibition of acquiring products produced by forced or indentured child labor. It specifies the types of contractor violations that can trigger government action, including submitting false certifications, failing to cooperate with investigations, using forced or indentured child labor in production, or supplying products made with such labor. The section also details the potential remedies the government may impose, such as contract termination, suspension, or debarment for up to three years. These measures are designed to enforce compliance with child labor laws and ensure ethical sourcing in government contracts.
Key Rules
- Violations Defined
- Contractors may face remedies for false certifications, lack of cooperation with investigations, use of forced or indentured child labor, or supplying products made with such labor.
- Remedies for Violations
- The government may terminate contracts, suspend, or debar contractors for up to three years if violations are found, following procedures in FAR subpart 9.4.
Responsibilities
- Contracting Officers: Must enforce remedies for violations, including contract termination and referral for suspension or debarment.
- Contractors: Must provide truthful certifications, cooperate with investigations, and ensure their products are not made with forced or indentured child labor.
- Agencies: Oversee investigations and ensure compliance with child labor prohibitions.
Practical Implications
- This section exists to enforce ethical labor practices in federal procurement.
- Contractors risk severe penalties, including loss of contracts and exclusion from future government business, for violations.
- Common pitfalls include inadequate supply chain oversight or failure to cooperate with investigations.
(a) Violations. The Government may impose remedies set forth in paragraph (b) of this section for the following violations (note that the violations in paragraphs (a)(3) and (a)(4) of this section go beyond violations of the requirements relating to certification of end products) (see 22.1503):
(1) The contractor has submitted a false certification regarding knowledge of the use of forced or indentured child labor.
(2) The contractor has failed to cooperate as required in accordance with the clause at 52.222-19, Child Labor Cooperation with Authorities and Remedies, with an investigation of the use of forced or indentured child labor by an Inspector General, the Attorney General, or the Secretary of the Treasury.
(3) The contractor uses forced or indentured child labor in its mining, production, or manufacturing processes.
(4) The contractor has furnished an end product or component mined, produced, or manufactured, wholly or in part, by forced or indentured child labor. Remedies in paragraphs (b)(2) and (b)(3) of this section are inappropriate unless the contractor knew of the violation.
(b) Remedies.
(1) The contracting officer may terminate the contract.
(2) The suspending and debarring official may suspend the contractor in accordance with the procedures in subpart 9.4.
(3) The suspending and debarring official may debar the contractor for a period not to exceed 3 years in accordance with the procedures in subpart 9.4.