22.1505 Solicitation provision and contract clause
Source: FAR 22.1505 on acquisition.gov
FAR 22.1505 requires specific certifications and clauses in solicitations and contracts to prevent the acquisition of products made with forced or indentured child labor, with strict compliance and documentation obligations for both contracting officers and contractors.
Overview
FAR 22.1505 prescribes the use of specific solicitation provisions and contract clauses to ensure compliance with laws prohibiting the acquisition of products produced by forced or indentured child labor. It mandates the inclusion of certification and compliance clauses in solicitations and contracts exceeding the micro-purchase threshold, particularly when acquiring end products identified on the Department of Labor's List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor. The regulation also outlines exceptions and special instructions for commercial products and services, and for solicitations estimated at $50,000 or more, requires the exclusion of certain countries as specified elsewhere in the FAR.
Key Rules
- Certification Provision (52.222-18)
- Must be included in solicitations above the micro-purchase threshold for listed end products, except for commercial products/services with 52.212-3. Contracting officers must specify relevant products and countries.
- Child Labor Clause (52.222-19)
- Must be included in all solicitations and contracts for supplies exceeding the micro-purchase threshold.
Responsibilities
- Contracting Officers: Ensure correct provisions/clauses are included, identify applicable products/countries, and apply exceptions as required.
- Contractors: Certify knowledge regarding child labor for listed products and comply with child labor laws and remedies.
- Agencies: Oversee compliance and ensure proper documentation and enforcement.
Practical Implications
- This section ensures the U.S. government does not procure products made with forced or indentured child labor.
- Contractors must be diligent in supply chain oversight and certification.
- Failure to comply can result in solicitation exclusion or contract remedies, making due diligence critical.
(a) Except as provided in paragraph (b) of 22.1503, insert the provision at 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, in all solicitations that are expected to exceed the micro-purchase threshold and are for the acquisition of end products (regardless of country of origin) of a type identified by country of origin on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, except solicitations for commercial products or commercial services that include the provision at 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. The contracting officer must identify in paragraph (b) of the provision at 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products, or paragraph (i)(1) of the provision at 52.212-3, any applicable end products and countries of origin from the List. For solicitations estimated to equal or exceed $50,000, the contracting officer must exclude from the List in the solicitation end products from any countries identified at 22.1503(b), in accordance with the specified thresholds.
(b) Insert the clause at 52.222-19, Child Labor-Cooperation with Authorities and Remedies, in all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase thresholds.