Overview
FAR 22.809 outlines the administrative sanctions and legal actions that the Deputy Assistant Secretary may direct against contractors who violate Executive Order 11246 or related Department of Labor regulations regarding equal opportunity.
Key Rules
- Authority: Enforcement actions are initiated by the Deputy Assistant Secretary through written notification to the contracting officer.
- Public Disclosure: The government may publish the names of non-compliant contractors or their associated unions.
- Contractual Penalties: Existing contracts or portions thereof may be cancelled, terminated, or suspended due to violations.
- Debarment: Contractors can be barred from receiving future government contracts, extensions, or modifications until they demonstrate full compliance with E.O. 11246 and Department of Labor policies.
- Legal Referrals: Violations may be referred to the Department of Justice (DOJ) for civil or criminal proceedings, or to the Equal Employment Opportunity Commission (EEOC) for further action.
Practical Implications
- Non-compliance with equal opportunity requirements poses a severe risk to a contractor's revenue stream, as it can lead to immediate termination of current work and a loss of eligibility for future awards.
- The threat of debarment and referral to the DOJ necessitates that contractors maintain rigorous EEO internal audits and documentation to avoid significant legal and reputational damage.