Combating Trafficking in Persons
Contractors must actively prevent, detect, and report any trafficking in persons in connection with federal contracts, or risk severe penalties including contract termination and debarment.
Overview
FAR 52.222-50, Combating Trafficking in Persons, establishes strict requirements for government contractors and their subcontractors to prevent and address human trafficking in connection with federal contracts. The clause prohibits severe forms of trafficking, procurement of commercial sex acts, use of forced labor, and related activities. It mandates notification, training, compliance plans, reporting, and cooperation with investigations, with significant remedies for non-compliance, including contract termination and debarment. The regulation 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. valued over $700,000.
Key Rules
- Prohibited Activities
- Contractors, employees, and agents must not engage in trafficking, procure commercial sex acts, use forced labor, destroy or withhold identity documents, use misleading recruitment, charge recruitment fees, or provide substandard housing.
- Notification and Training
- Contractors must notify employees and agents of the anti-trafficking policy and consequences for violations.
- Reporting Requirements
- Contractors must immediately report credible information about violations to the Contracting Officer and agency Inspector General.
- Compliance Plan and Certification
- For applicable contracts, contractors must maintain and post a compliance plan, provide annual certifications, and ensure similar requirements flow down to subcontractors.
- Remedies and Enforcement
- Non-compliance can result in removal of personnel, contract termination, suspension of payments, or debarment.
- Full Cooperation
- Contractors must cooperate with investigations and protect victims and witnesses.
Responsibilities
- Contracting Officers: Ensure inclusion of the clause, monitor compliance, enforce remedies, and review compliance plans/certifications.
- Contractors: Implement anti-trafficking policies, train and notify personnel, report violations, maintain compliance plans (when required), flow down requirements, and cooperate with investigations.
- Agencies: Oversee contractor compliance, investigate allegations, and impose remedies as needed.
Practical Implications
- This clause is designed to ensure federal funds do not support trafficking in persons. Contractors must have robust policies, training, and reporting mechanisms. Non-compliance can lead to severe penalties. Common pitfalls include failure to notify, inadequate compliance plans, or not reporting violations promptly.