22.406-8
Investigations
FAR 22.406-8 mandates thorough, confidential labor standards investigations and clear contractor notification, with strict reporting and restitution requirements for violations.
Overview
FAR 22.406-8 outlines the procedures and responsibilities for conducting labor standards investigations when there is evidence or suspicion of violations on government contracts. It details the steps contracting agencies and officers must take, including the scope of investigations, confidentiality requirements, reporting protocols, and contractor notification and rebuttal rights. The section also addresses coordination with the Department of Labor (DOL) and the handling of investigation outcomes, including restitution, liquidated damages, and potential criminal referrals.
Key Rules
- Initiating Investigations
- Investigations are required when compliance checks indicate substantial or willful violations or uncorrected issues. The DOL may also initiate or request investigations.
- Scope and Conduct of Investigations
- Investigations must cover all aspects of labor standards compliance, not just specific complaints, and be conducted by knowledgeable personnel.
- Confidentiality
- Employee statements and identities must remain confidential unless the employee consents in writing.
- Reporting and Documentation
- Use Standard Form 1446 for reporting. Reports must be sent to the agency head and, in certain cases, to the DOL or Attorney General.
- Contractor Notification and Rebuttal
- Contractors must be notified of findings and given 60 days to rebut. Final findings are issued after considering any rebuttal.
- Restitution and Liquidated Damages
- Contractors may be required to pay back wages and liquidated damages, with a 60-day window to request relief.
- Criminal Violations
- Willful or criminal violations must be referred to the Attorney General.
Responsibilities
- Contracting Officers: Conduct thorough investigations, maintain confidentiality, notify contractors, process rebuttals, and report findings as required.
- Contractors: Respond to findings, provide rebuttals within 60 days, and comply with restitution or damages orders.
- Agencies: Oversee investigations, ensure proper reporting, and coordinate with the DOL and legal authorities as needed.
Practical Implications
- This section ensures labor standards are enforced on government contracts, protecting workers and maintaining compliance. Contractors must be prepared for investigations, maintain accurate records, and respond promptly to findings. Failure to comply can result in financial penalties, reputational damage, or criminal prosecution. Common pitfalls include inadequate documentation, failure to correct violations, and mishandling confidential information.