Combating Trafficking in Persons
FAR 52.222-50 requires contractors to actively prevent, detect, and report human trafficking and related abuses in all federal contracts, with strict compliance, reporting, and flowdown obligations.
Overview
FAR 52.222-50, Combating Trafficking in Persons, establishes strict requirements for government contractors and their subcontractors to prevent, detect, and respond to human trafficking and related activities in connection with federal contracts. The clause defines key terms, outlines prohibited practices, mandates notification and reporting, and requires compliance plans for certain contracts. It applies to all contracts, with additional compliance plan and certification requirements for contracts (and subcontracts) for supplies (other than COTS items) or services performed outside the U.S. with an estimated value over $550,000. Contractors must notify employees of the anti-trafficking policy, take action against violators, report credible allegations, cooperate with investigations, and flow down the clause to all subcontracts and agent agreements.
Key Rules
- Prohibited Activities
- Contractors, employees, agents, and subcontractors must not engage in severe forms of trafficking, procure commercial sex acts, use forced labor, charge recruitment fees, or destroy/confiscate identity documents.
- Notification and Reporting
- Contractors must immediately inform the Contracting Officer and agency Inspector General of credible information about violations and actions taken.
- Remedies and Enforcement
- Non-compliance can result in removal of personnel, contract termination, payment suspension, loss of award fee, or suspension/debarment.
- Compliance Plan and Certification
- For applicable contracts, contractors must maintain a compliance plan, post or distribute it, and annually certify implementation and due diligence.
- Subcontract Flowdown
- The clause (including compliance plan requirements, if applicable) must be included in all subcontracts and agent agreements.
Responsibilities
- Contracting Officers: Ensure inclusion of the clause, monitor compliance, and enforce remedies.
- Contractors: Implement anti-trafficking policies, train and notify employees, report violations, maintain compliance plans (when required), and flow down requirements.
- Agencies: Investigate allegations, enforce remedies, and oversee contractor compliance.
Practical Implications
- This clause exists to ensure federal funds are not used to support human trafficking or forced labor.
- Contractors must be proactive in training, monitoring, and reporting to avoid severe penalties.
- Common pitfalls include failure to notify, inadequate compliance plans, or not flowing down requirements to subcontractors.