FAR 52.222-18—Certification Regarding Knowledge of Child Labor for Listed End Products.
Plain-English Summary
FAR 52.222-18 is a solicitation provision that requires offerors to address the risk of forced or indentured child labor in certain listed end products. It defines “forced or indentured child labor,” identifies the specific end products and countries of origin covered by the solicitation, and requires the offeror to certify one of two positions: either it will not supply the listed end product from the listed country, or it may supply it but only after making a good-faith effort to determine whether forced or indentured child labor was used and concluding it is not aware of such use. In practice, this provision is a supply-chain screening and certification tool tied to the government’s list of products and countries of concern. It matters because an offeror’s certification affects award eligibility, and inaccurate or unsupported certifications can create compliance, responsibility, and enforcement risk. The provision is especially important for contractors with global sourcing, distributors, resellers, and integrators that may not directly manufacture the end product but still must know the origin and labor conditions associated with the items they offer.
Key Rules
Definition of prohibited labor
The provision defines forced or indentured child labor as work or service exacted from a person under 18 under threat of penalty, or work performed by a person under 18 under a contract enforceable by legal process or penalties. This definition sets the standard for evaluating whether a listed end product may have been produced using prohibited labor.
Applies only to listed end products
The certification requirement is limited to the end products identified in the solicitation as being on the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor. The solicitation must identify both the listed end product and the corresponding country or countries of origin.
Country-of-origin matters
The restriction is tied to the listed product’s country of origin. The Government’s concern is that products from the identified countries may have been mined, produced, or manufactured by forced or indentured child labor, so the offeror must evaluate the product-country combination, not just the product category alone.
Offeror must certify one of two options
Before award, the offeror must check one of two blocks: either it will not supply the listed end product from the corresponding country, or it may supply it and certifies it made a good-faith effort to determine whether forced or indentured child labor was used and is not aware of any such use. The Government will not make award unless one of these certifications is made.
Good-faith effort required for conditional supply
If the offeror chooses the option allowing supply of the listed end product from the listed country, it must have made a good-faith effort to investigate labor conditions. This is more than a bare statement; it requires a reasonable inquiry into the supply chain based on the offeror’s available information and sourcing relationships.
Knowledge standard is limited but real
The second certification does not require absolute proof that no child labor was used; instead, the offeror certifies that, after good-faith efforts, it is not aware of any such use. However, the offeror cannot ignore red flags or fail to investigate obvious risks and still rely on this certification.
Responsibilities
Contracting Officer
Include the provision when prescribed by FAR 22.1505(a), identify the listed end products and corresponding countries of origin in the solicitation, and ensure the offeror provides one of the required certifications before award.
Offeror
Review the solicitation’s listed end products and countries of origin, decide whether it will supply the listed product from the listed country, and certify either non-supply or, if supplying, that it made a good-faith effort to determine whether forced or indentured child labor was used and is not aware of such use.
Contractor/Supplier
Maintain supply-chain awareness and source information sufficient to support the certification, including tracing product origin and investigating labor-risk indicators where the listed end product may be sourced from a covered country.
Agency
Maintain and apply the underlying list of products and countries that trigger the certification requirement, and use the provision to screen offers for compliance with the Government’s child labor policy.
Practical Implications
Offerors must check the solicitation carefully: the requirement applies only if the solicitation identifies a listed end product and country of origin, so missing that detail can lead to an invalid or unsupported certification.
Distributors and resellers cannot rely on ignorance; if they choose the second certification option, they need a real supply-chain inquiry, not just a supplier’s assurance with no follow-up.
The provision can affect award timing because the Government cannot award until the offeror makes the required certification, so incomplete representations can delay or disqualify an offer.
Common pitfalls include failing to map product origin correctly, assuming a product is exempt because it is only assembled elsewhere, and certifying without documenting the good-faith effort.
Contractors should keep records of sourcing inquiries, supplier communications, and origin determinations so they can support the certification if questioned later.
Official Regulatory Text
As prescribed in 22.1505 (a) , insert the following provision: Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2021) (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 end products from the listed countries of origin may have been mined, produced, or manufactured by forced or indentured child labor. Listed End Product Listed Countries of Origin _________________ _________________ _________________ _________________ (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. (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. (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)