Combating Trafficking in Persons
FAR Subpart 22.17 requires all federal contractors to actively prevent and report human trafficking in their operations and supply chains, with strict penalties for violations.
Overview
FAR Subpart 22.17 establishes the U.S. Government’s requirements and procedures for combating trafficking in persons in federal contracts. It outlines the scope, applicability, definitions, policy, remedies for violations, and the required solicitation provision and contract clause. The subpart applies to all federal contracts and subcontracts, including those for commercial items and those performed outside the United States, with certain exceptions. It prohibits contractors, subcontractors, and their employees from engaging in trafficking-related activities such as forced labor, procuring commercial sex acts, and using misleading recruitment practices. The regulation mandates specific contract clauses, reporting requirements, and outlines severe remedies for violations, including contract termination and suspension or debarment.
Key Rules
- Scope and Applicability
- Applies broadly to federal contracts and subcontracts, including those for commercial items and work performed outside the U.S., with limited exceptions.
- Prohibited Activities
- Strictly prohibits trafficking in persons, forced labor, commercial sex acts, and related activities by contractors and their supply chains.
- Remedies for Violations
- Violations can result in contract termination, suspension, debarment, and other remedies.
- Required Clauses
- Mandates inclusion of specific anti-trafficking clauses in solicitations and contracts.
Responsibilities
- Contracting Officers: Must ensure inclusion of required clauses, monitor compliance, and take action on violations.
- Contractors: Must prevent trafficking, educate employees, report violations, and cooperate with investigations.
- Agencies: Oversee compliance, investigate allegations, and enforce remedies.
Practical Implications
- This subpart exists to ensure federal funds do not support human trafficking.
- Contractors must implement robust compliance programs and due diligence in their supply chains.
- Failure to comply can result in severe penalties, including loss of contracts and exclusion from future federal work.