22.1604 Compliance evaluation and complaint investigations and sanctions for violations
Source: FAR 22.1604 on acquisition.gov
Contractors and agencies must cooperate with Department of Labor investigations into NLRA notification compliance, with potential sanctions for violations unless the agency head provides a justified objection.
Overview
FAR 22.1604 outlines the procedures for compliance evaluations, complaint investigations, and sanctions related to violations of the Notification of Employee Rights Under the National Labor Relations Act (NLRA), as required by clause 52.222-40. The Secretary of Labor has the authority to investigate contractors and subcontractors for compliance, either through routine evaluations or in response to complaints. Agencies must fully cooperate with these investigations, providing necessary information and assistance. If violations are found, the Secretary may impose sanctions as detailed in 29 CFR 471.14, but contract termination, suspension, or debarment cannot occur if the agency head objects in writing and provides justification. Enforcement procedures are further detailed in 29 CFR 471.10-16.
Key Rules
- Authority to Investigate
- The Secretary of Labor can conduct compliance evaluations or investigate complaints regarding contractor or subcontractor compliance with NLRA notification requirements.
- Agency Cooperation
- Contracting agencies must assist and provide information to the Secretary during investigations.
- Sanctions for Violations
- The Secretary may impose sanctions for violations, as specified in 29 CFR 471.14, unless the agency head objects in writing and justifies the contractor’s essential role.
- Enforcement Procedures
- Enforcement and sanction procedures are governed by 29 CFR 471.10-16.
Responsibilities
- Contracting Officers: Ensure agency cooperation with investigations and understand the process for objecting to sanctions if necessary.
- Contractors: Comply with NLRA notification requirements and cooperate with investigations.
- Agencies: Provide information and assistance to the Secretary and follow procedures for objecting to sanctions if contractor performance is essential.
Practical Implications
- This section ensures contractors are held accountable for NLRA notification compliance and outlines a clear process for investigations and sanctions. Agencies and contractors must be prepared for potential evaluations and understand the procedures for responding to violations or sanctions. Failure to cooperate or comply can result in significant penalties, unless justified objections are raised by the agency head.
(a) The Secretary may conduct compliance evaluations or investigate complaints of any contractor or subcontractor to determine if any of the requirements of the clause at 52.222-40 have been violated.
(b) Contracting departments and agencies shall cooperate with the Secretary and provide such information and assistance as the Secretary may require in the performance of the Secretary’s functions.
(c) If the Secretary determines that there has been a violation, the Secretary may take such actions as set forth in 29 CFR 471.14.
(d) The Secretary may not terminate or suspend a contract or suspend or debar a contractor if the agency head has provided written objections, which must include a statement of reasons for the objection and a finding that the contractor’s performance is essential to the agency’s mission, and continues to object to the imposition of such sanctions and penalties. Procedures for enforcement by the Secretary are set out in 29 CFR 471.10 through 29 CFR 471.16.