Overview
FAR Subpart 22.15 implements Executive Order 13126 to prevent the federal government from acquiring supplies manufactured or mined using forced or indentured child labor. It establishes a system of contractor certifications, supply chain due diligence, and enforcement mechanisms for products identified on a specific Department of Labor (DOL) list.
Key Rules
- Threshold: This subpart applies to all acquisitions of supplies that exceed the micro-purchase threshold.
- The "List": The Department of Labor maintains a "List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor," which identifies specific products and their countries of origin known for child labor risks.
- Certification Requirements: For products on the List, offerors must certify either:
- They will not furnish a listed end product from the identified country; OR
- They have made a "good faith effort" to verify their supply chain and are unaware of any forced or indentured child labor used in the product's creation.
- Trade Agreement Exemptions: Certification requirements are waived for products from specific "designated countries" (e.g., Mexico, Canada, EU members, Japan) when the contract value exceeds specific thresholds defined by trade agreements (e.g., $50,000 for Israel; $174,000 for most WTO GPA countries).
- Violations: Sanctionable offenses include submitting false certifications, failing to cooperate with investigations, or providing products actually produced by forced child labor.
- Remedies: The government may terminate contracts or pursue suspension and debarment (for up to 3 years) if violations occur.
Responsibilities
- Contracting Officers (CO):
- Must check the DOL List (www.dol.gov/ilab/) when issuing solicitations for supplies.
- Must identify the specific products and countries from the List in the solicitation provision (FAR 52.222-18).
- Must refer suspected violations to the agency’s Inspector General, the Attorney General, or the Secretary of the Treasury.
- Must rely on offeror certifications unless they have actual knowledge that the certification is false.
- Offerors/Contractors:
- Must provide the required certification if they are bidding on products identified on the List.
- Must conduct "good faith efforts" to monitor their subcontractors and supply chains if providing listed products.
- Must cooperate fully with any government investigations into the use of child labor.
- Agency Heads / Debarring Officials:
- Responsible for imposing remedies, including suspension or debarment of non-compliant contractors.
Practical Implications
- Supply Chain Transparency: For companies dealing in high-risk commodities (e.g., certain minerals, textiles, or agricultural products), this subpart necessitates a robust supply chain audit process. A simple "we didn't know" is insufficient if a good faith effort cannot be documented.
- Solicitation Review: Contractors should carefully review Section K of solicitations. If a CO has flagged a product and country on the DOL List, the contractor must ensure their internal compliance team has vetted the origin of those specific items before the proposal is submitted.
- Trade Sensitive: The specific dollar-value exemptions for trade-agreement partners mean that high-value acquisitions of products from "designated countries" often bypass these specific certification hurdles, focusing instead on broader labor standards.
- Risk Mitigation: Because remedies include debarment, even a single instance of furnishing a product made with forced child labor—if the contractor knew or failed to cooperate with an investigation—can be a "company-ending" event for federal contractors.