Subpart 22.15 - Prohibition of Acquisition of

Products Produced by Forced or Indentured

Child Labor

Parent topic: Part 22 - Application of Labor Laws to Government Acquisitions

22.1500 Scope.

This subpart applies to acquisitions of supplies that exceed the micro-purchase threshold.

22.1501 Definitions.

As used in this subpartForced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its

nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which

can be accomplished by process or penalties.

List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor means

the list published by the Department of Labor in accordance with E.O.13126 of June 12,1999,

Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor. The list

identifies products, by their country of origin, that the Departments of Labor, Treasury, and State

have a reasonable basis to believe might have been mined, produced, or manufactured by forced or

indentured child labor.

22.1502 Policy.

Agencies must take appropriate action to enforce the laws prohibiting the manufacture or

importation of products that have been mined, produced, or manufactured wholly or in part by

forced or indentured child labor, consistent with 19 U.S.C.1307,29 U.S.C.201, etseq., and 41

U.S.C.chapter 65. Agencies should make every effort to avoid acquiring such products.

22.1503 Procedures for acquiring end products on the List

of Products Requiring Contractor Certification as to Forced

or Indentured Child Labor.

(a) When issuing a solicitation for supplies expected to exceed the micro-purchase threshold, the
contracting officer must check the List of Products Requiring Contractor Certification as to Forced

or Indentured Child Labor (the List) ( www.dol.gov/ilab/) (see 22.1505(a)). Appearance of a product

on the List is not a bar to purchase of any such product mined, produced, or manufactured in the

identified country, but rather is an alert that there is a reasonable basis to believe that such product

may have been mined, produced, or manufactured by forced or indentured child labor.

(b) The requirements of this subpart that result from the appearance of any end product on the List

do not apply to a solicitation or contract if the identified country of origin on the List is-

(1) Israel, and the anticipated value of the acquisition is $50,000 or more (see 25.406);

(2) Mexico, and the anticipated value of the acquisition is $102,280 or more (see subpart 25.4); or

(3) Armenia, Aruba, Australia, Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic,

Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Italy,

Japan, Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Montenegro,

Netherlands, New Zealand, North Macedonia, Norway, Poland, Portugal, Romania, Singapore,

Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Taiwan, Ukraine, or the United Kingdom and

the anticipated value of the acquisition is $174,000 or more (see 25.402(b)).

(c) Except as provided in paragraph (b) of this section, before the contracting officer may make an

award for an end product (regardless of country of origin) of a type identified by country of origin on

the List the offeror must certify that-

(1) It will not supply any end product on the List that was mined, produced, or manufactured in a

country identified on the List for that product, as specified in the solicitation by the contracting

officer in the Certification Regarding Knowledge of Child Labor for Listed End Products; or

(2)

(i) It has made a good faith effort to determine whether forced or indentured child labor was used to

mine, produce, or manufacture any end product to be furnished under the contract that is on the List

and was mined, produced, or manufactured in a country identified on the List for that product; and

(ii) On the basis of those efforts, the offeror is unaware of any such use of child labor.

(d) Absent any actual knowledge that the certification is false, the contracting officer must rely on

the offerors’ certifications in making award decisions.

(e) Whenever a contracting officer has reason to believe that forced or indentured child labor was

used to mine, produce, or manufacture an end product furnished pursuant to a contract awarded

subject to the certification required in paragraph (c) of this section, the contracting officer must

refer the matter for investigation by the agency’s Inspector General, the Attorney General, or the

Secretary of the Treasury, whichever is determined appropriate in accordance with agency

procedures, except to the extent that the end product is from the country listed in paragraph (b) of

this section, under a contract exceeding the applicable threshold.

(f) Proper certification will not prevent the head of an agency from imposing remedies in accordance

with section 22.1504(a)(4) if it is later discovered that the contractor has furnished an end product

or component that has in fact been mined, produced, or manufactured, wholly or in part, using

forced or indentured child labor.
22.1504 Violations and remedies.

(a) Violations. The Government may impose remedies set forth in paragraph (b) of this section for

the following violations (note that the violations in paragraphs (a)(3) and (a)(4) of this section go

beyond violations of the requirements relating to certification of end products) (see 22.1503):

(1) The contractor has submitted a false certification regarding knowledge of the use of forced or

indentured child labor.

(2) The contractor has failed to cooperate as required in accordance with the clause at 52.222-19,

Child Labor Cooperation with Authorities and Remedies, with an investigation of the use of forced or

indentured child labor by an Inspector General, the Attorney General, or the Secretary of the

Treasury.

(3) The contractor uses forced or indentured child labor in its mining, production, or manufacturing

processes.

(4) The contractor has furnished an end product or component mined, produced, or manufactured,

wholly or in part, by forced or indentured child labor. Remedies in paragraphs (b)(2) and (b)(3) of

this section are inappropriate unless the contractor knew of the violation.

(b) Remedies.

(1) The contracting officer may terminate the contract.

(2) The suspending official may suspend the contractor in accordance with the procedures in

subpart 9.4.

(3) The debarring official may debar the contractor for a period not to exceed 3 years in accordance

with the procedures in subpart 9.4.

22.1505 Solicitation provision and contract clause.

(a) Except as provided in paragraph (b) of 22.1503, insert the provision at 52.222-18, Certification

Regarding Knowledge of Child Labor for Listed End Products, in all solicitations that are expected to

exceed the micro-purchase threshold and are for the acquisition of end products (regardless of

country of origin) of a type identified by country of origin on the List of Products Requiring

Contractor Certification as to Forced or Indentured Child Labor, except solicitations for commercial

products or commercial services that include the provision at 52.212-3, Offeror Representations and

Certifications—Commercial Products and Commercial Services. The contracting officer must identify

in paragraph (b) of the provision at 52.222-18, Certification Regarding Knowledge of Child Labor for

Listed End Products, or paragraph (i)(1) of the provision at 52.212-3, any applicable end products

and countries of origin from the List. For solicitations estimated to equal or exceed $50,000, the

contracting officer must exclude from the List in the solicitation end products from any countries

identified at 22.1503(b), in accordance with the specified thresholds.

(b) Insert the clause at 52.222-19, Child Labor-Cooperation with Authorities and Remedies, in all

solicitations and contracts for the acquisition of supplies that are expected to exceed the micro-
purchase thresholds.