Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations 5349

provisions of law or Executive orders

applicable to acquisitions of commercial

items or components:

[Contracting Officer must check as

appropriate.]

* * * * *

ll(16) 52.222–19, Child Labor—

Cooperation with Authorities and

Remedies (E.O. 13126).

* * * * *

5. In section 52.213–4, revise the date

of the clause; redesignate paragraphs

(b)(1)(vii) through (xi) as (b)(1)(viii)

through (xii), respectively, and add new

paragraph (vii) to read as follows:

52.213–4 Terms and Conditions—

Simplified Acquisitions (Other than

Commercial Items).

* * * * *

Terms and Conditions—Simplified

Acquisitions (Other Than Commercial Items)

(February 2001)

* * * * *

(vii) 52.222–19, Child Labor—Cooperation

with Authorities and Remedies (JAN 2001)

(E.O. 13126). (Applies to contracts for

supplies exceeding the micro-purchase

threshold.)

* * * * *

5a. Effective March 12, 2001, the date of

the clause at 52.213–4 is amended by

removing ‘‘February 2001’’ and adding

‘‘(MAR 2001)’’ in its place).

6. Add new sections 52.222–18 and

52.222–19 to read as follows:

52.222–18 Certification Regarding

Knowledge of Child Labor for Listed End

Products.

As prescribed in 22.1505(a), insert the

following provision:

Certification Regarding Knowledge of

Child Labor for Listed End Products

(February 2001)

(a) Definition. 

Forced 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.

(b) Listed end products. The following

end product(s) being acquired under

this solicitation is (are) included in the

List of Products Requiring Contractor

Certification as to Forced or Indentured

Child Labor, identified by their country

of origin. There is a reasonable basis to

believe that listed endproducts from the

listed countries of origin may have been

mined, produced, or manufactured by

forced or indentured child labor.

Listed End Product

lllllllllllllllllllll

lllllllllllllllllllll

Listed Countries of Origin

lllllllllllllllllllll

lllllllllllllllllllll

(c) Certification. The Government will not

make award to an offeror unless the offeror,

by checking the appropriate block, certifies to

either paragraph (c)(1) or paragraph (c)(2) of

this provision.

b (1) The offeror will not supply any end

product listed in paragraph (b) of this

provision that was mined, produced, or

manufactured in a corresponding country as

listed for that end product.

b (2) The offeror may supply an end

product listed in paragraph (b) of this

provision that was mined, produced, or

manufactured in the corresponding country

as listed for that product. The offeror certifies

that it has made a good faith effort to

determine whether forced or indentured

child labor was used to mine, produce, or

manufacture such end product. On the basis

of those efforts, the offeror certifies that it is

not aware of any such use of child labor.

(End of provision)

52.222–19 Child Labor—Cooperation with

Authorities and Remedies.

As prescribed in 22.1505(b), insert the

following clause:

Child Labor—Cooperation With Authorities

and Remedies (February 2001)

(a) Applicability. This clause does not

apply to the extent that the Contractor is

supplying end products mined, produced, or

manufactured in—

(1) Canada, and the anticipated value of the

acquisition is $25,000 or more;

(2) Israel, and the anticipated value of the

acquisition is $50,000 or more;

(3) Mexico, and the anticipated value of the

acquisition is $54,372 or more; or

(4) Aruba, Austria, Belgium, Denmark,

Finland, France, Germany, Greece, Hong

Kong, Ireland, Italy, Japan, Korea,

Liechtenstein, Luxembourg, Netherlands,

Norway, Portugal, Singapore, Spain, Sweden,

Switzerland, or the United Kingdom and the

anticipated value of the acquisition is

$177,000 or more.

(b) Cooperation with Authorities. To

enforce the laws prohibiting the manufacture

or importation of products mined, produced,

or manufactured by forced or indentured

child labor, authorized officials may need to

conduct investigations to determine whether

forced or indentured child labor was used to

mine, produce, or manufacture any product

furnished under this contract. If the

solicitation includes the provision 52.222–

18, Certification Regarding Knowledge of

Child Labor for Listed End Products, or the

equivalent at 52.212–3(i), the Contractor

agrees to cooperate fully with authorized

officials of the contracting agency, the

Department of the Treasury, or the

Department of Justice by providing

reasonable access to records, documents,

persons, or premises upon reasonable request

by the authorized officials.

(c) Violations. The Government may

impose remedies set forth in paragraph (d)

for the following violations:

(1) The Contractor has submitted a false

certification regarding knowledge of the use

of forced or indentured child labor for listed

end products.

(2) The Contractor has failed to cooperate,

if required, in accordance with paragraph (b)

of this clause, with an investigation of the

use of forced or indentured child labor by an

Inspector General, 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 under the

contract end products or components that

have been mined, produced, or manufactured

wholly or in part by forced or indentured

child labor. (The Government will not pursue

remedies at paragraph (d)(2) or paragraph

(d)(3) of this clause unless sufficient

evidence indicates that the Contractor knew

of the violation.)

(d) Remedies. (1) The Contracting Officer

may terminate the contract.

(2) The suspending official may suspend

the Contractor in accordance with procedures

in FAR 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 FAR

Subpart 9.4.

(End of clause)

[FR Doc. 01–1503 Filed 1–17–01; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Regulation; Small

Entity Compliance Guide

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Small entity compliance guide.

SUMMARY: This document is issued

under the joint authority of the

Secretary of Defense, the Administrator

of General Services and the

Administrator for the National

Aeronautics and Space Administration.

This Small Entity Compliance Guide has

been prepared in accordance with

Section 212 of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Public Law 104–121). It consists

of a summary of the rule appearing in

Federal Acquisition Circular (FAC) 97–

23 which amends the Federal

Acquisition Regulation (FAR).

Interested parties may obtain further

information regarding this rule by

5350 Federal Register / Vol. 66, No. 12 / Thursday, January 18, 2001 / Rules and Regulations

referring to FAC 97–23 which precedes

this document. This document is also

available via the Internet at http://

www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT:

Laurie Duarte, FAR Secretariat, (202)

501–4225. For clarification of content,

contact Ralph De Stefano, Procurement

Analyst, General Services

Administration, at (202) 501–1758.

Prohibition of Acquisition of Products

Produced by Forced or Indentured

Child Labor (FAC 97–23, FAR Case

1999–608)

This final rule amends the FAR by

adding a new FAR subpart on

prohibition of acquisition of products

produced by forced or indentured child

labor (Subpart 22.15), adding a new

certification regarding knowledge of

child labor for listed end products (FAR

52.212–3 and 52.222–18), and adding a

clause at 52.222–19, which requires

cooperation with authorities if the

solicitation included the certification

provision and provides remedies for

violations relating to use of forced or

indentured child labor.

Dated: January 12, 2001.

Al Matera,

Acting Director, Federal Acquisition Policy

Division.

[FR Doc. 01–1504 Filed 1–17–01; 8:45 am]

BILLING CODE 6820–EP–P