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FAR and DFARS › FAR Part 22: Application of Labor Laws to Government Acquisitions › Subpart 22.16

FAR 22.1604 Compliance evaluation and complaint investigations and sanctions for violations.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how the Secretary may check whether a contractor or subcontractor has followed the requirements of the clause at 52.222-40, including investigating complaints. If a violation is found, the Secretary can take actions described in 29 CFR 471.14, but cannot terminate, suspend, or debar a contractor if the agency head formally objects in writing and continues to object. It matters because it tells contractors that compliance with that clause can be reviewed and enforced, while also describing a limit on certain sanctions.

Applies to: Contractors and subcontractors subject to the clause at 52.222-40

What it requires

  • Cooperate with the Secretary and provide information and assistance the Secretary may require

Key terms: compliance evaluations · complaint investigations · violation · sanctions · debar

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) The Secretary may conduct compliance evaluations or investigate complaints of any contractor or subcontractor to determine if any of the requirements of the clause at 52.222-40 have been violated.

(b) Contracting departments and agencies shall cooperate with the Secretary and provide such information and assistance as the Secretary may require in the performance of the Secretary's functions.

(c) If the Secretary determines that there has been a violation, the Secretary may take such actions as set forth in 29 CFR 471.14.

(d) The Secretary may not terminate or suspend a contract or suspend or debar a contractor if the agency head has provided written objections, which must include a statement of reasons for the objection and a finding that the contractor's performance is essential to the agency's mission, and continues to object to the imposition of such sanctions and penalties. Procedures for enforcement by the Secretary are set out in 29 CFR 471.10 through 29 CFR 471.16.

Sections it refers to

  • 52.222-40 Notification of Employee Rights Under the National Labor Relations Act.

← 22.1603 Exceptions. · 22.1605 Contract clause. →

Rule changes for FAR Part 22

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 22.1604 Compliance evaluation and complaint investigations and sanctions for violations · SpendQuery