Sec. 5817. Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938
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The Secretary of Labor shall initiate a debarment proceeding with respect to a covered person for whom information regarding two or more willful or repeated violations of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) (as determined by a disposition described under subsection (c)(1) of section 2313 of title 41, United States Code, and issued in the last five years) is included in the database established under subsection
(a)of such section. Notwithstanding any other provision of law, the Secretary of Labor may determine the length of a debarment under paragraph (1). Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall ensure that the enforcement and compliance databases of the Department of Labor— identify persons that have been finally adjudicated to have violated labor laws; list each person, identified by the tax identification number of the person, that is suspended or debarred for a violation of a labor law; and are accessible to contracting officers and suspension and debarment officials at all Federal agencies. The Federal Acquisition Regulation shall be revised to require contracting officers— when renewing or awarding a contract, to check the database in subsection
(b)for suspensions or debarments described under that subsection when determining present responsibility and conducting a past performance evaluation; to enter relevant information from the database in subsection
(b)into past performance evaluations in the Contractor Performance Assessment and Reporting System; and to coordinate with the Labor Advisor of the agency and consult with experts regarding alleged violations of labor law. In this section— the term covered person means any individual, enterprise, or firm applying for a contract worth $500,000 or more; the term Federal agency has the meaning given that term in section 102 of title 40, United States Code; the term labor law includes— subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis Bacon Act ); chapter 67 of subtitle II of title 41, United States Code (commonly referred to as the Services Contracting Act ); and the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ); and the term willful has the meaning given that term in section 578.3 of title 29, Code of Federal Regulations.
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Sec. 5817
Prohibition on contracting with persons with willful or repeated violations of the Fair Labor Standards Act of 1938
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