Solicitation provision and contract clause
FAR 22.1705 requires specific anti-trafficking clauses and certifications in all contracts, with additional requirements for high-value or overseas work.
Overview
FAR 22.1705 mandates the inclusion of specific provisions and clauses in solicitations and contracts to address the prevention of 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 is 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 $550,000 of the contract value may be performed outside the U.S. (excluding contracts solely for commercially available off-the-shelf items), the provision at 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, must be included. This ensures contractors are aware of and certify compliance with anti-trafficking requirements, particularly for high-value, overseas contracts.
Key Rules
- Clause 52.222-50 Requirement
- Must be included in all solicitations and contracts to address anti-trafficking obligations.
- Alternate I for Overseas Performance
- Use Alternate I when performance is outside the U.S. and specific anti-trafficking directives apply.
- Provision 52.222-56 for Large Overseas Contracts
- Required in solicitations if $550,000 or more may be performed outside the U.S. and the acquisition is not solely for COTS items.
Responsibilities
- Contracting Officers: Ensure correct clauses and provisions are included based on contract location, value, and content.
- Contractors: Comply with anti-trafficking requirements and, when applicable, certify compliance plans.
- Agencies: Oversee compliance and ensure proper clause usage.
Practical Implications
- Ensures government contracts include robust anti-trafficking measures.
- Contractors must be vigilant about compliance, especially for overseas and high-value contracts.
- Failure to include or comply with these clauses can result in contract violations or penalties.