52.222-56
Certification Regarding Trafficking in Persons Compliance Plan
Contractors awarded large, non-COTS overseas contracts must certify they have a trafficking compliance plan and have conducted due diligence to prevent and address prohibited activities.
Overview
FAR 52.222-56 requires certain contractors to certify, prior to award, that they have implemented a compliance plan to prevent human trafficking and related prohibited activities in their supply chains and operations. This provision applies to contracts for non-COTS supplies or services performed outside the United States with an estimated value exceeding $700,000. The certification must confirm that the contractor has a plan in place to monitor, detect, and address trafficking violations, and that due diligence has been conducted to ensure no involvement in such activities. If any abuses have been identified, the contractor must certify that appropriate remedial and referral actions have been taken.
Key Rules
- Applicability
- Applies to contracts for non-COTS supplies or services performed outside the U.S. with an estimated value over $700,000.
- Certification Requirement
- The apparent successful offeror must submit a certification prior to award, confirming implementation of a trafficking compliance plan and due diligence.
- Compliance Plan
- The plan must prevent, monitor, detect, and address prohibited trafficking activities, including terminating contracts with non-compliant subcontractors.
- Remedial Actions
- If abuses are found, the contractor must take and certify appropriate remedial and referral actions.
Responsibilities
- Contracting Officers: Ensure the provision is included in applicable solicitations and verify receipt of the required certification before award.
- Contractors: Develop and implement a trafficking compliance plan, conduct due diligence, and submit the required certification prior to contract award.
- Agencies: Oversee compliance and take action if certifications are not provided or are found to be false.
Practical Implications
- This provision is designed to combat human trafficking in federal contracts, especially those performed overseas or involving complex supply chains.
- Contractors must be proactive in developing compliance plans and conducting due diligence on their agents and subcontractors.
- Failure to comply can result in loss of contract award or other penalties, making robust compliance systems essential.