Solicitation provision and contract clause
FAR 22.1705 requires specific anti-trafficking clauses and certifications in federal contracts, especially for overseas and high-value work, to ensure compliance with U.S. anti-trafficking policies.
Overview
FAR 22.1705 mandates the inclusion of specific clauses and provisions in solicitations and contracts to address and prevent trafficking in persons. It requires contracting officers to insert the clause at 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts. If the contract will be performed outside the United States and there are specific U.S. directives or notices regarding trafficking, Alternate I of the clause must be used. Additionally, for solicitations where at least $700,000 of the contract value may be performed outside the U.S. and the acquisition is not solely for commercially available off-the-shelf (COTS) items, the provision at 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, must be included. These requirements ensure that contractors are aware of and comply with anti-trafficking policies and reporting obligations.
Key Rules
- Clause 52.222-50 Requirement
- Must be included in all solicitations and contracts to address trafficking in persons.
- Alternate I Usage
- Use Alternate I of 52.222-50 for contracts performed outside the U.S. when notified of specific U.S. anti-trafficking directives or notices.
- Provision 52.222-56 Requirement
- Insert in solicitations if $700,000 or more of the contract may be performed outside the U.S. and the acquisition is not entirely for COTS items.
Responsibilities
- Contracting Officers: Ensure correct clauses and provisions are included in solicitations and contracts based on location, value, and item type.
- Contractors: Comply with anti-trafficking requirements and, when applicable, certify compliance plans.
- Agencies: Oversee implementation and ensure compliance with anti-trafficking regulations.
Practical Implications
This section ensures that all federal contracts address the risk of trafficking in persons, especially for overseas work and high-value contracts. Contractors must be vigilant about compliance, particularly when operating abroad or handling large contracts, and should be prepared for additional certification and compliance plan requirements.