Overview
FAR 22.1504 outlines the specific conditions under which a contractor is considered in violation of forced or indentured child labor prohibitions and prescribes the administrative remedies the Government may take in response.
Key Rules
- Categories of Violations: The Government may impose remedies if a contractor:
- Submits a false certification regarding their knowledge of forced or indentured child labor.
- Fails to cooperate with investigations conducted by the Inspector General, Attorney General, or the Secretary of the Treasury.
- Directly uses forced or indentured child labor in mining, production, or manufacturing.
- Furnishes any end product or component produced via forced or indentured child labor.
- The Knowledge Standard: For violations involving the furnishing of tainted end products or components, suspension and debarment remedies are only considered appropriate if the contractor had actual knowledge of the violation.
- Available Remedies:
- Termination: The Contracting Officer (CO) has the authority to terminate the contract.
- Suspension: The Suspending and Debarring Official (SDO) may suspend the contractor.
- Debarment: The SDO may debar the contractor for a period of up to three years.
Practical Implications
- Supply Chain Diligence: Contractors must implement robust supply chain vetting processes, as furnishing a product containing even a single component produced by forced child labor can lead to contract termination.
- Mandatory Cooperation: Non-compliance with federal investigations is a standalone violation; therefore, contractors must be prepared to provide full transparency to authorities or risk losing their eligibility for future government contracts through debarment.