[Code of Federal Regulations]

[Title 29, Volume 2]

[Revised as of July 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR470.14]



[Page 235]

 

                             TITLE 29--LABOR

 

  CHAPTER IV--OFFICE OF LABOR-MANAGEMENT STANDARDS, DEPARTMENT OF LABOR

 

PART 470_OBLIGATIONS OF FEDERAL CONTRACTORS AND SUBCONTRACTORS; NOTICE OF 

EMPLOYEE RIGHTS CONCERNING PAYMENT OF UNION DUES OR FEES--Table of Contents

 

     Subpart B_Compliance Evaluations, Complaint Investigations and 

                         Enforcement Procedures

 

Sec. 470.14  What sanctions and penalties may be imposed for noncompliance, 



and what procedures will the Department follow in imposing such sanctions 

and penalties?



    (a) After a final decision on the merits has issued and before 

imposing the sanctions and penalties described in paragraph (d) of this 

section, the Assistant Secretary will consult with the affected 

contracting agencies, and provide the heads of those agencies the 

opportunity to respond and provide written objections.

    (b) If the contracting agency provides written objections, those 

objections must include a complete statement of reasons for the 

objections, among which reasons must be a finding that, as applicable, 

the completion of the contract, or further contracts or extensions or 

modifications of existing contracts, is essential to the agency's 

mission.

    (c) The sanctions and penalties described in this section, however, 

will not be imposed if:

    (1) The head of the contracting agency continues personally to 

object to the imposition of such sanctions and penalties, or

    (2) The contractor has not been afforded an opportunity for a 

hearing.

    (d) In enforcing the Order and this part, the Assistant Secretary 

may:

    (1) Direct a contracting agency to cancel, terminate, suspend, or 

cause to be canceled, terminated or suspended, any contract or any 

portions thereof, for failure of the contractor to comply with its 

contractual provisions as required by section 2 of the Executive Order 

and the regulations in this part. Contracts may be canceled, terminated, 

or suspended absolutely, or continuance of contracts may be conditioned 

upon compliance.

    (2) Issue an order of debarment under section 6(b) of the Order 

providing that one or more contracting agencies must refrain from 

entering into further contracts, or extensions or other modification of 

existing contracts, with any noncomplying contractor.

    (e) Whenever the Assistant Secretary has exercised his or her 

authority pursuant to paragraph (d) of this section, the contracting 

agency must report the actions it has taken to the Assistant Secretary 

within such time as the Assistant Secretary will specify.

    (f) Periodically, the Assistant Secretary will publish and 

distribute, or cause to be published and distributed, to all executive 

agencies a list of the names of contractors that have, in the judgment 

of the Assistant Secretary under section 470.13(b)(4) of this part, 

failed to comply with the provisions of the Executive Order and this 

part, or of related rules, regulations, and orders of the Secretary of 

Labor, and as a result have been declared ineligible for future 

contracts or subcontracts under the Executive Order and the regulations 

in this part.