Administering Trafficking in Persons Regulations
November 18, 2011
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add to the list of contract administration functions a requirement to maintain surveillance over contractor compliance with duties and responsibilities pertaining to trafficking in persons when they are incorporated in contracts. Effective Date: November 18, 2011. Reference Federal Register Volume 76, Number 223 (Friday, November 18, 2011).
The current FAR, at section 22.1705, entitled ''Contract clause,'' prescribes use of the clause at FAR 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts. When the contract will be performed outside the United States, the clause must be used with its Alternate I, as prescribed in FAR 22.1705(b). The clause requires contractors to inform employees of the Government's zero-tolerance policy and the actions that will be taken against them for violations of the policy. In addition, contractors are required to notify the contracting officer immediately of any information received about an employee's conduct that violates this policy and also of actions taken against an employee as a result of the violation.
While the clause at FAR 52.222-50, Combating Trafficking in Persons, has been in effect since February 2009, the listing of Government contract administration functions was not modified at that time to add surveillance of a contractor's compliance with the clause requirements. Because the addition of this contract administration function is internal to DoD and will not impact current contract requirements or contract clauses, this is not a significant revision as defined at FAR 1.501-1. Therefore, under the authority at FAR 1.501-3(a), this rule can be published as a final rule without first obtaining public comment.
Therefore, 48 CFR part 242 is amended as follows:
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
1. The authority citation for 48 CFR part 242 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
2. Amend section 242.302 by adding paragraph (a)(S-73) to read as follows:
242.302 Contract administration functions.
(a) * * *
(S-73) Maintain surveillance over contractor compliance with trafficking in persons requirements for all DoD contracts for services incorporating the clause at FAR 52.222-50, Combating Trafficking in Persons, and, when necessary, its Alternate I, as identified in the clause prescription at FAR 22.1705. (See PGI 222.1703.)
FOR FURTHER INFORMATION CONTACT: Meredith Murphy, telephone (703) 602-1302.