Policy
FAR 22.1703 requires contractors to actively prevent and address human trafficking in all government contracts, with strict compliance, certification, and reporting obligations—especially for high-value or overseas work.
Overview
FAR 22.1703 establishes the U.S. Government’s policy prohibiting trafficking in persons in all government contracts. It mandates that solicitations and contracts include strict prohibitions and compliance requirements to prevent trafficking-related activities, such as forced labor, commercial sex acts, and fraudulent recruitment practices. The regulation outlines specific actions contractors and subcontractors must take, including providing written work documents, ensuring safe housing, and covering return transportation for certain employees. It also requires notification, certification, annual compliance, and disclosure obligations, as well as cooperation with government investigations and protection for victims and witnesses. Remedies, including contract termination, are mandated for non-compliance.
Key Rules
- Prohibited Activities
- Contractors, subcontractors, and their agents must not engage in trafficking, procure commercial sex acts, use forced labor, destroy identity documents, use fraudulent recruitment, charge recruitment fees, or provide unsafe housing.
- Employee Notification
- Contractors must notify employees of prohibited activities and potential consequences.
- Certification and Compliance Plan
- For contracts/subcontracts for supplies (other than COTS) or services outside the U.S. exceeding $700,000, contractors must certify compliance and have a plan in place, with annual certifications required.
- Disclosure and Cooperation
- Contractors must disclose offenses, cooperate with audits/investigations, and protect victims/witnesses.
- Remedies
- Non-compliance can result in contract termination or other remedies.
Responsibilities
- Contracting Officers: Ensure inclusion of anti-trafficking clauses, review certifications, and enforce remedies for violations.
- Contractors: Implement compliance plans, notify employees, obtain and provide certifications, cooperate with investigations, and protect victims/witnesses.
- Agencies: Oversee compliance, conduct audits/investigations, and impose remedies for violations.
Practical Implications
This section exists to ensure government contracts do not contribute to human trafficking. Contractors must implement robust compliance programs, especially for high-risk, overseas, or high-value contracts. Failure to comply can result in severe penalties, including contract termination and legal consequences. Common pitfalls include inadequate due diligence, poor employee communication, and insufficient documentation.