52.222-19
Child Labor-Cooperation with Authorities and Remedies
If FAR 52.222-19 applies, contractors must be able to prove their products are free from forced or indentured child labor and fully cooperate with investigations or risk termination, suspension, and debarment.
Overview
- FAR 52.222-19 requires contractors to cooperate with Government investigations into whether products furnished under a contract were mined, produced, or manufactured using forced or indentured child labor.
- The clause supports enforcement of U.S. laws restricting such products and establishes serious contractual remedies for false certifications, non-cooperation, and actual use or supply of products involving prohibited child labor.
Key Rules
- Applicability and country-based exceptions
- The clause does not apply to certain end products from specified countries when the acquisition meets stated thresholds: Israel ($50,000 or more), Mexico ($105,767 or more), and a listed group of trade-agreement countries and economies ($174,000 or more).
- Cooperation with Authorities
- If the solicitation includes FAR 52.222-18 or 52.212-3(i), the contractor must fully cooperate with authorized officials by providing reasonable access to records, documents, persons, or premises upon reasonable request.
- Violations and remedies
- Violations include false child-labor certifications, failure to cooperate with investigations, use of forced or indentured child labor in production, and furnishing end products or components made wholly or partly with such labor.
- Available remedies include contract termination, suspension, and debarment for up to 3 years under FAR subpart 9.4.
Responsibilities
- Contracting Officers: include the clause as prescribed, assess violations, and may terminate the contract.
- Contractors: ensure certifications are accurate, avoid prohibited labor practices, and cooperate fully with investigations.
- Agencies: investigate suspected violations and coordinate with Treasury, Justice, and suspension/debarment officials.
Practical Implications
- This clause creates significant supply-chain compliance risk for contractors furnishing listed end products or components.
- Contractors should validate sourcing, maintain supporting records, and prepare to respond quickly to Government inquiries.
- Common pitfalls include relying on unsupported supplier assurances, incomplete documentation, and misunderstanding the limited country/threshold exceptions.