Violations and remedies
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.