FAR 22.1407—Actions because of noncompliance.
Plain-English Summary
FAR 22.1407 explains what the contracting officer must do when the Department of Labor (DOL) imposes sanctions on a contractor for violating the Equal Opportunity for Workers with Disabilities clause at 52.222-36. The section covers the contracting officer’s duty to act promptly after notification by the appropriate agency official, the need to implement DOL-directed sanctions, and the types of sanctions that may be imposed: withholding payments otherwise due, terminating or suspending the contract, or debarring the contractor. In practice, this provision is a compliance-enforcement mechanism that connects labor-law enforcement to contract administration, ensuring that DOL findings are carried out in the procurement system without delay. It matters because it limits contractor noncompliance from continuing unchecked and gives the government tools to protect the integrity of federal contracting and enforce disability nondiscrimination requirements. The section also signals that the contracting officer is not making an independent merits determination here; the officer is implementing sanctions already imposed through the applicable labor enforcement process.
Key Rules
Act promptly after notice
The contracting officer must take necessary action as soon as possible after being notified by the appropriate agency official. The rule emphasizes speed and implementation, not re-investigation or delay.
Implement DOL sanctions
If the Department of Labor imposes sanctions for violating 52.222-36, the contracting officer must carry out those sanctions in the contract administration process. The contracting officer’s role is to effectuate the sanction, not to decide whether the violation occurred.
Possible payment withholding
One available sanction is withholding from payments otherwise due to the contractor. This allows the government to protect funds while the noncompliance issue is addressed.
Possible contract suspension or termination
DOL sanctions may require suspension or termination of the contract. The contracting officer must take the contract action directed by the sanction and document it appropriately.
Possible debarment
DOL may impose debarment of the contractor as a sanction. This is a serious exclusionary remedy that affects the contractor’s eligibility for future federal contracting.
Responsibilities
Contracting Officer
Take necessary action promptly upon notification to implement the DOL-imposed sanction, including withholding payments, suspending or terminating the contract, or supporting debarment actions as directed.
Appropriate Agency Official
Notify the contracting officer when DOL has imposed sanctions so the contracting officer can carry out the required contract action.
Department of Labor
Determine violations of the Equal Opportunity for Workers with Disabilities clause and impose appropriate sanctions under the applicable labor enforcement procedures.
Contractor
Comply with the Equal Opportunity for Workers with Disabilities clause and, if sanctioned, respond to the consequences such as payment withholding, contract suspension or termination, or debarment.
Practical Implications
This section is an enforcement trigger: once notice arrives, the contracting officer should move quickly and coordinate with legal, labor, and program officials to execute the sanction correctly.
Contractors should understand that a DOL finding can affect both current contract performance and future eligibility for awards, not just create a compliance warning.
A common pitfall is treating the sanction as optional or waiting for additional internal review before acting; the regulation requires prompt implementation.
Another risk is failing to align the contract file, payment actions, and termination/suspension documentation with the DOL sanction, which can create audit and protest issues.
Because the sanctions can be severe, contractors should maintain strong disability nondiscrimination compliance controls and respond immediately to any DOL inquiry or notice.
Official Regulatory Text
The contracting officer shall take necessary action, as soon as possible upon notification by the appropriate agency official, to implement any sanctions imposed on a contractor by the Department of Labor for violations of the clause at 52.222-36 , Equal Opportunity for Workers with Disabilities. These sanctions (see 41 CFR60-741.66) may include- (a) Withholding from payments otherwise due; (b) Termination or suspension of the contract; or (c) Debarment of the contractor.