22.809 Enforcement
Source: FAR 22.809 on acquisition.gov
Violations of EEO requirements can result in severe enforcement actions, including contract termination, debarment, and legal proceedings.
Overview
FAR 22.809 outlines the enforcement mechanisms available when a contractor is found to be in violation of Executive Order 11246, Department of Labor regulations, or relevant contract clauses related to Equal Employment Opportunity (EEO). The Deputy Assistant Secretary has the authority to impose a range of sanctions, including publicizing the contractor's name, canceling or suspending contracts, debarment from future contracts, and referring cases for civil or criminal proceedings. These actions are intended to ensure contractor compliance with EEO requirements and to deter discriminatory practices in federal contracting.
Key Rules
- Publication of Names
- The names of non-compliant contractors or their unions may be publicly released.
- Contract Actions
- Contracts may be canceled, terminated, or suspended in whole or in part for violations.
- Debarment
- Contractors may be debarred from future government contracts until compliance is demonstrated.
- Referral for Legal Action
- Cases may be referred to the Department of Justice or EEOC for civil or criminal proceedings.
Responsibilities
- Contracting Officers: Must act upon written notification from the Deputy Assistant Secretary and implement directed enforcement actions.
- Contractors: Must comply with EEO requirements and correct any violations to avoid sanctions.
- Agencies: Must support enforcement actions and ensure compliance oversight.
Practical Implications
- This section exists to enforce EEO compliance and deter violations through significant penalties.
- Contractors risk severe consequences, including loss of contracts and debarment, for non-compliance.
- Common pitfalls include failing to maintain compliant employment practices or ignoring corrective actions.
Upon written notification to the contracting officer, the Deputy Assistant Secretary may direct one or more of the following actions, as well as administrative sanctions and penalties, be taken against contractors found to be in violation of E.O. 11246, the regulations of the Secretary of Labor, or the applicable contract clauses:
(a) Publication of the names of the contractor or its unions.
(b) Cancellation, termination, or suspension of the contractor’s contracts or portion thereof.
(c) Debarment from future Government contracts, or extensions or modifications of existing contracts, until the contractor has established and carried out personnel and employment policies in compliance with E.O. 11246 and the regulations of the Secretary of Labor.
(d) Referral by the Deputy Assistant Secretary of any matter arising under E.O. 11246 to the Department of Justice or to the Equal Employment Opportunity Commission (EEOC) for the institution of appropriate civil or criminal proceedings.