22.1704 Violations and remedies
Source: FAR 22.1704 on acquisition.gov
Contractors must strictly prevent and address trafficking violations or face severe remedies, including suspension, debarment, and public reporting.
Overview
FAR 22.1704 outlines the violations and remedies related to combating trafficking in persons in federal contracts. It specifies what constitutes a violation under the Trafficking Victims Protection Act, Executive Order 13627, and FAR policies, including engaging in trafficking, procuring commercial sex acts, using forced labor, or failing to comply with FAR clause 52.222-50. The section details the steps contracting officers must take upon receiving credible information about violations, including notifying appropriate officials and potentially directing contractors to take corrective action. It also describes the process for agency investigation, administrative proceedings, and the potential for suspension or debarment. Remedies for substantiated violations include entering the violation into FAPIIS and considering additional actions, with both mitigating and aggravating factors influencing the response.
Key Rules
- Definition of Violations
- Engaging in trafficking, procuring commercial sex acts, using forced labor, or failing to comply with anti-trafficking requirements are violations.
- Notification and Investigation
- Contracting officers must notify the agency Inspector General and other officials upon credible information of a violation and may direct corrective actions.
- Administrative Proceedings
- Agencies must conduct proceedings to determine if allegations are substantiated, allowing contractors to respond.
- Remedies and Reporting
- Substantiated violations must be reported in FAPIIS, and remedies (including suspension or debarment) may be imposed, considering mitigating or aggravating factors.
Responsibilities
- Contracting Officers: Must report credible information, direct corrective actions, and ensure violations are entered into FAPIIS.
- Contractors: Must avoid prohibited conduct, comply with FAR 52.222-50, and implement compliance plans.
- Agencies: Must investigate, conduct proceedings, and determine appropriate remedies.
Practical Implications
- This section enforces strict anti-trafficking standards in federal contracting, requiring vigilance and robust compliance programs. Contractors face serious consequences for violations, including suspension, debarment, and public reporting. Failure to act on credible information or enforce compliance plans can aggravate penalties.
(a) Violations. It is a violation of the Trafficking Victims Protection Act of 2000, as amended, (http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title22-chapter78&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">22 U.S.C. chapter 78), E.O. 13627, or the policies of this subpart if—
(1) The contractor, contractor employee, subcontractor, subcontractor employee, or agent engages in severe forms of trafficking in persons during the period of performance of the contract;
(2) The contractor, contractor employee, subcontractor, subcontractor employee, or agent procures a commercial sex act during the period of performance of the contract;
(3) The contractor, contractor employee, subcontractor, subcontractor employee, or agent uses forced labor in the performance of the contract; or
(4) The contractor fails to comply with the requirements of the clause at 52.222-50, Combating Trafficking in Persons.
(b) Credible information. Upon receipt of credible information regarding a violation listed in paragraph (a) of this section, the contracting officer—-
(1) Shall promptly notify, in accordance with agency procedures, the agency Inspector General, the agency debarring and suspending official, and if appropriate, law enforcement officials with jurisdiction over the alleged offense; and
(2) May direct the contractor to take specific steps to abate the alleged violation or enforce the requirements of its compliance plan.
(c) Receipt of agency Inspector General report.
(1) The head of an executive agency shall ensure that the contracting officer is provided a copy of the agency Inspector General report of an investigation of a violation of the trafficking in persons prohibitions in 22.1703(a) and 52.222-50(b).
(2)
(i) Upon receipt of a report from the agency Inspector General that provides support for the allegations, the head of the executive agency, in accordance with agency procedures, shall delegate to an authorized agency official, such as the agency suspending and debarring official, the responsibility to-
(A) Expeditiously conduct an administrative proceeding, allowing the contractor the opportunity to respond to the report;
(B) Make a final determination as to whether the allegations are substantiated; and
(C) Notify the contracting officer of the determination.
(ii) Whether or not the official authorized to conduct the administrative proceeding is the suspending and debarring official, the suspending and debarring official has the authority, at any time before or after the final determination as to whether the allegations are substantiated, to use the suspension and debarment procedures in subpart 9.4 to suspend, propose for debarment, or debar the contractor, if appropriate, also considering the factors at 22.1704(d)(2).
(d) Remedies. After a final determination in accordance with paragraph (c)(2)(ii) of this section that the allegations of a trafficking in persons violation are substantiated, the contracting officer shall—
(1) Enter the violation in FAPIIS (see 42.1503(h)); and
(2) Consider taking any of the remedies specified in paragraph (e) of the clause at 52.222-50, Combating Trafficking in Persons. These remedies are in addition to any other remedies available to the United States Government. When determining the appropriate remedies, the contracting officer may consider the following factors:
(i) Mitigating factors. The contractor had a Trafficking in Persons compliance plan or awareness program at the time of the violation, was in compliance with the plan at the time of the violation, and has taken appropriate remedial actions for the violations, that may include reparation to victims for such violations.
(ii) Aggravating factors. The contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by a contracting officer to do so.