Overview
This section prescribes the mandatory enforcement actions a contracting officer must execute when the Department of Labor determines a contractor has violated the "Equal Opportunity for Workers with Disabilities" requirements.
Key Rules
- Mandatory Enforcement: The contracting officer is required to implement sanctions "as soon as possible" upon notification from the appropriate agency official.
- Specific Violations: Actions are triggered by noncompliance with the clause at FAR 52.222-36.
- Authorized Sanctions: The regulation permits three specific types of penalties:
- Withholding payments otherwise due to the contractor.
- Termination or suspension of the existing contract.
- Formal debarment of the contractor from receiving future government contracts.
- Regulatory Alignment: These actions are taken in accordance with Department of Labor regulations found at 41 CFR 60-741.66.
Practical Implications
- Severe Financial and Operational Risk: Noncompliance with disability hiring and accessibility rules can lead to immediate cessation of cash flow (withholding) or the complete loss of the contract.
- Inter-Agency Cooperation: While the Department of Labor (specifically the OFCCP) investigates and determines violations, the Contracting Officer serves as the enforcement arm to apply penalties directly to the contract.