[Code of Federal Regulations]
[Title 29, Volume 2]
[Revised as of July 1, 2005]
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 
 
     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.