52.222-56
Certification Regarding Trafficking in Persons Compliance Plan
Contractors must certify, prior to award, that they have a trafficking in persons compliance plan and have conducted due diligence for certain high-value overseas contracts.
Overview
FAR 52.222-56 requires the apparent successful offeror to certify, prior to contract award, that it has a compliance plan in place to prevent and address trafficking in persons for certain contracts. This provision applies to contracts for supplies (excluding COTS items) or services to be performed outside the United States with an estimated value exceeding $550,000. The certification must confirm the implementation of a compliance plan, due diligence regarding trafficking activities, and, if any abuses are found, that appropriate remedial 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 $550,000.
- Certification Requirement
- The apparent successful offeror must submit a certification before award, confirming a compliance plan and due diligence regarding trafficking in persons.
- Compliance Plan
- The plan must prevent, monitor, detect, and address prohibited trafficking activities as outlined in FAR 52.222-50.
- Remedial Actions
- If any trafficking abuses are found, the offeror must take 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 compliance plan, conduct due diligence, and submit the required certification.
- Agencies: Oversee compliance and maintain documentation for audits or investigations.
Practical Implications
- This provision aims to prevent human trafficking in federal contracts performed abroad. Contractors must be proactive in compliance planning and due diligence, as failure to certify or implement a plan can result in ineligibility for award or contract termination. Common pitfalls include overlooking the requirement for non-COTS items or failing to document due diligence and remedial actions.