Overview
This section prescribes the specific solicitation provisions and contract clauses required to ensure compliance with prohibitions against forced or indentured child labor. It establishes the criteria for when contracting officers must require offeror certifications and when they must include clauses regarding cooperation with enforcement authorities.
Key Rules
- Provision 52.222-18 (Certification): Must be included in solicitations exceeding the micro-purchase threshold for end products found on the "List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor."
- Commercial Products/Services Exception: Provision 52.222-18 is not required if the solicitation already includes the consolidated commercial representation and certification provision at 52.212-3.
- Contracting Officer Responsibility: The CO must actively identify and list the applicable end products and countries of origin from the Department of Labor's list within the solicitation's provision.
- Trade Agreement Exclusions: For solicitations at or above $50,000, end products from specific countries identified in FAR 22.1503(b) must be excluded from the certification requirements in accordance with trade agreements.
- Clause 52.222-19 (Cooperation): This clause is mandatory for all solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-purchase threshold.
Practical Implications
- Contracting Officers must verify the current Department of Labor list to manually populate solicitation provisions, ensuring that the burden of certification is applied only to the specific high-risk products and countries identified by the government.
- The rules create a tiered compliance structure where supply chain transparency becomes a mandatory legal certification for high-risk products, while general cooperation with authorities is a standard requirement for nearly all federal supply contracts.