Overview
This section prescribes the mandatory inclusion of anti-trafficking clauses in federal contracts and establishes specific criteria for when supplemental certifications and alternate language are required based on performance location and contract value.
Key Rules
- Universal Application: The clause at FAR 52.222-50, Combating Trafficking in Persons, must be inserted into all federal solicitations and contracts without exception.
- Alternate I Requirement: FAR 52.222-50 with its Alternate I must be used for contracts performed outside the U.S. if the Contracting Officer is notified of specific U.S. directives or "off-limits" establishment listings applicable to the performance site.
- Certification Trigger: Provision 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, is required if the contract value for overseas performance is expected to exceed $700,000.
- COTS Exception: The requirement for the 52.222-56 certification is waived if the acquisition is entirely for Commercially Available Off-The-Shelf (COTS) items.
Practical Implications
- Contracting Officers must conduct a two-part assessment (location and dollar threshold) to determine if a formal compliance plan and certification are required from the offeror.
- Primes performing high-value work internationally (non-COTS) face significantly higher compliance burdens, as they must certify to the existence of a trafficking compliance plan before contract award.