Presentation on theme: "Combating Trafficking in Persons"— Presentation transcript:
1 Combating Trafficking in Persons Ernest WoodsonU.S. General Services Administration
2 Requires that Federal contracts include a provision that The Trafficking Victims Protection Reauthorization Act ____________________________________________Requires that Federal contracts include a provision thatauthorizes the Department or Agency to terminate thecontract, if the contractor, contractor employees,subcontractors, and subcontractor employees engages intrafficking in persons.
3 DEFINITIONS __________________________ “Commercial sex act” means any sex act on account of whichanything of value is given to or received by any person.“Involuntary servitude” includes a condition of servitudeinduced by means of—(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or(2) The abuse or threatened abuse of the legal process.
4 DEFINITIONS __________________________ Severe forms of trafficking in persons” means—(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.(FAR (a))
5 DEFINITIONS __________________________ “Sex trafficking” means the recruitment,harboring, transportation, provision, orobtaining of a person for the purpose of acommercial sex act.
6 WHY ____________________________ The United States Government has adopted a zerotolerance policy regarding Trafficking in Persons. TheGovernment believe Contractors can help secure thegoal of circumventing the prevalence of Trafficking inPersons, the use of Forced Labor, and the Procuring ofCommercial Sex Acts.
7 WHY _________________ The National Security Presidential Directive (NSPD) 22, whichespouses the United States ``zero tolerance policy'' regardingtrafficking in persons, states that ``the United StatesGovernment opposes prostitution and related activities,including pimping, pandering, or maintaining brothels, ascontributing to the phenomenon of Trafficking in Persons.''
8 WHY ______________________ Federal Contractors are often viewedas representing the Government.
9 GOVERNMENT CONTRACTS ________________________________ Government contracts shall—(a) Prohibit contractors, contractor employees, subcontractors, and subcontractor employees from—(1) Engaging in severe forms of trafficking in persons during the period of performance of the contract;(2) Procuring commercial sex acts during the period of performance of the contract; or(3) Using forced labor in the performance of the contract;
10 GOVERNMENT CONTRACTS ________________________________ Government contracts shall—(b) Require Contractors and Subcontractors to notify employees of the prohibited activities described in paragraph (a) of this section and the actions that may be taken against them for violations; and(c) Impose suitable remedies, including termination, on Contractors that fail to comply with the requirements of paragraphs (a) and (b). (FAR )
11 CONTRACTOR RESPONSIBILITIES __________________________________ The Contractor shall—(1) Notify its employees of—(i) The United States Government’s zero tolerance policy; and(ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and(2) Take appropriate action, up to and including termination,against employees or subcontractors that violate the policy.(FAR (c))
12 CONTRACTOR RESPONSIBILITIES ____________________________________ Inform the Contracting Officer immediately of—(1) Any information received from any source (including host country law enforcement) that alleges a Contractor employee, Subcontractor, or Subcontractor employee engaged in conduct that violates the U.S. policy;(2) Any actions taken against Contractor employees, subcontractors, or subcontractor employees; and(3) Include the substance of this FAR , in all subcontracts.
13 CONTRACTING OFFICER RESPONSIBILITIES _______________________ The Contracting Officer shall—(a) Insert the clause at , Combating Trafficking in Persons, in all solicitations and contracts.(b) Use the basic clause with its Alternate I when the contract will be performed outside the United States (as defined at ) and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of “off-limits” local establishments) that apply to contractor employees at the contract place of performance. (FAR )
14 CONTRACTING OFFICER RESPONSIBILITIES _________________________ Contracting Officer may impose the remedies set forth belowif—(1) The contractor, contractor employee, subcontractor, or subcontractor employee engages in severe forms of trafficking in persons during the period of performance of the contract;(2) The contractor, contractor employee, subcontractor, or subcontractor employee procures a commercial sex act during the period of performance of the contract;(3) The contractor, contractor employee, subcontractor, or subcontractor employee uses forced labor in the performance of the contract; or(4) The contractor fails to comply with the requirements of the clause at , Combating Trafficking in Persons.(FAR )
15 CONTRACTING OFFICER RESPONSIBILITIES ____________________________________________ If the contractor fails to comply, the Contracting Officermay—(1) Require the Contractor to remove a Contractor employee or employees from the performance of the contract;(2) Require the Contractor to terminate a subcontract;(3) Suspend contract payments;(4) Withhold award of award fee;(5) Terminate the contract for default or cause;(6) Recommend Suspension or debarment of contractor. (FAR (e))
16 CONTRACTING OFFICER RESPONSIBILITIES _______________________________________________ As a Mitigating factor, the Contracting Officer may –Consider whether the Contractor had a Traffickingin Persons awareness program at the time of theviolation when determining remedies. Additionalinformation about Trafficking in Persons andexamples of awareness programs can be found atthe website for the Department of State’s Office toMonitor and Combat Trafficking in Persons at(FAR (g))
18 References _______________________ Federal Acquisition Regulations (FAR) , ,FAR Case – Final rule, published January 5, 2009(74 FR )FAR Case – Interim rule, published August 17, 2007(72 FR )
19 Contact Information _____________________Ernest T. WoodsonProcurement AnalystOffice of Contract PolicyOffice of the Chief Acquisition OfficerU.S. General Services Administration1800 F Street, NW Room 4027Washington, DC 20405Phone: (202)