22.1702
Definitions
FAR 22.1702 defines critical terms for anti-trafficking compliance, making it essential for contractors to understand and apply these definitions to avoid violations.
Overview
FAR 22.1702 provides definitions for key terms used in Subpart 22.17, which addresses combating trafficking in persons in federal contracts. These definitions clarify the scope and meaning of terms such as agent, coercion, commercial sex act, debt bondage, employee, forced labor, involuntary servitude, recruitment fees, severe forms of trafficking in persons, sex trafficking, subcontract, subcontractor, and United States. Understanding these definitions is essential for compliance with anti-trafficking requirements in government contracting, as they establish the legal and operational boundaries for prohibited practices and contractor responsibilities.
Key Rules
- Definitions of Prohibited Practices
- Terms like coercion, debt bondage, forced labor, involuntary servitude, and severe forms of trafficking in persons are precisely defined to ensure clarity in identifying and preventing trafficking-related violations.
- Recruitment Fees
- The regulation provides a comprehensive definition of recruitment fees, including a non-exhaustive list of what constitutes such fees and who may collect them, emphasizing that contractors must not charge or allow these fees.
- Scope of Applicability
- Definitions apply to all entities and individuals involved in contract performance, including agents, employees, subcontractors, and third parties.
Responsibilities
- Contracting Officers: Must ensure contractors understand and comply with these definitions when implementing anti-trafficking requirements.
- Contractors: Must familiarize themselves with these definitions to avoid prohibited practices and ensure compliance throughout their supply chain.
- Agencies: Oversee contractor compliance and investigate potential violations based on these definitions.
Practical Implications
- This section exists to provide clear, enforceable definitions that underpin anti-trafficking compliance in federal contracting.
- Contractors must use these definitions to guide their policies, training, and monitoring efforts.
- Misunderstanding or ignoring these definitions can lead to violations, penalties, and contract termination.