1. Combating Trafficking in Persons
Ernest Woodson
U.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 that
authorizes the Department or Agency to terminate the
contract, if the contractor, contractor employees,
subcontractors, and subcontractor employees engages in
trafficking in persons.

3. DEFINITIONS __________________________
“Commercial sex act” means any sex act on account of which
anything of value is given to or received by any person.
“Involuntary servitude” includes a condition of servitude
induced 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, or
obtaining of a person for the purpose of a
commercial sex act.

6. WHY ____________________________
The United States Government has adopted a zero
tolerance policy regarding Trafficking in Persons. The
Government believe Contractors can help secure the
goal of circumventing the prevalence of Trafficking in
Persons, the use of Forced Labor, and the Procuring of
Commercial Sex Acts.

7. WHY _________________
The National Security Presidential Directive (NSPD) 22, which
espouses the United States ``zero tolerance policy'' regarding
trafficking in persons, states that ``the United States
Government opposes prostitution and related activities,
including pimping, pandering, or maintaining brothels, as
contributing to the phenomenon of Trafficking in Persons.''

8. WHY ______________________
Federal Contractors are often viewed
as 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 below
if—
(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 Officer
may—
(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 Trafficking
in Persons awareness program at the time of the
violation when determining remedies. Additional
information about Trafficking in Persons and
examples of awareness programs can be found at
the website for the Department of State’s Office to
Monitor and Combat Trafficking in Persons at
(FAR (g))

17. QUESTIONS

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. Woodson
Procurement Analyst
Office of Contract Policy
Office of the Chief Acquisition Officer
U.S. General Services Administration
1800 F Street, NW Room 4027
Washington, DC 20405
Phone: (202)