22.1505
Solicitation provision and contract clause
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.