Defense Federal Acquisition Regulation Supplement; Combating Trafficking in Persons, 35603-35605 [05-12099]
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Proposed Rules
to the policies and procedures in DoDD
5000.1, The Defense Acquisition
System, and DoDI 5000.2, Operation of
the Defense Acquisition System.
3. Sections 211.201 and 211.204 are
revised to read as follows:
211.201 Identification and availability of
specifications.
Follow the procedures at PGI 211.201
for use of specifications, standards, and
data item descriptions.
211.204 Solicitation provisions and
contract clauses.
Availability of Specifications,
Standards, and Data Item Descriptions
Not Listed in the Acquisition
Streamlining and Standardization
Information System (Assist), and Plans,
Drawings, and Other Pertinent
Documents (XXX 2005)
*
*
*
*
*
[FR Doc. 05–12098 Filed 6–20–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 212, 225, and 252
(c) When contract performance
requires use of specifications, standards,
and data item descriptions that are not
listed in the Acquisition Streamlining
and Standardization Information System
database, use provisions, as appropriate,
substantially the same as those at—
(i) 252.211–7001, Availability of
Specifications, Standards, and Data Item
Descriptions Not Listed in the
Acquisition Streamlining and
Standardization Information System
(ASSIST), and Plans, Drawings, and
Other Pertinent Documents; and
(ii) 252.211–7002, Availability for
Examination of Specifications,
Standards, Plans, Drawings, Data Item
Descriptions, and Other Pertinent
Documents.
[DFARS Case 2004–D017]
Defense Federal Acquisition
Regulation Supplement; Combating
Trafficking in Persons
Department of Defense (DoD).
Proposed rule with request for
comments.
AGENCY:
ACTION:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement policy prohibiting activities
on the part of DoD contractor employees
that support or promote trafficking in
persons.
252.211–7001 Availability of
Specifications, Standards, and Data Item
Descriptions Not Listed in the Acquisition
Streamlining and Standardization
Information System (ASSIST), and Plans,
Drawings, and Other Pertinent Documents.
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
August 22, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2004–D017,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Defense Acquisition Regulations
Web Site: https://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2004–D017 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Ms. Amy
Williams, OUSD (AT&L)DPAP(DAR),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations Council,
Crystal Square 4, Suite 200A, 241 18th
Street, Arlington, VA 22202–3402.
All comments received will be posted
to https://emissary.acq.osd.mil/dar/
dfars.nsf.
*
FOR FURTHER INFORMATION CONTACT:
211.273–2
[Amended]
4. Section 211.273–2 is amended in
paragraph (c) by removing ‘‘(see
211.273–3(c))’’.
5. Section 211.273–3 is revised to read
as follows:
211.273–3
Procedures.
Follow the procedures at PGI
211.273–3 for encouraging the use of
SPI processes instead of military or
Federal specifications and standards.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Section 252.211–7001 is amended
by revising the section heading, clause
title, and clause date to read as follows:
*
*
*
*
DATES:
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
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35603
A. Background
A memorandum issued by the Deputy
Secretary of Defense on January 30,
2004, states as an objective that,
consistent with U.S. and host-nation
law, provisions should be incorporated
in overseas service contracts that
prohibit any activities on the part of
contractor employees that support or
promote trafficking in persons and that
impose suitable penalties on contractors
who fail to monitor the conduct of their
employees. The memorandum cites
National Security Presidential Directive/
NPSD–22, which decrees that all
departments of the U.S. Government
will take a ‘‘zero tolerance’’ approach to
trafficking in persons. NSPD–22 utilizes
the definitions in Public Law 106–386,
Victims of Trafficking and Violence
Protection Act of 2000, codified at 22
U.S.C. 7102. This proposed DFARS rule
contains an implementing clause for use
in contracts that require performance
outside the United States. The proposed
clause requires contractors to establish
policy and procedures for combating
trafficking in persons and to notify the
contracting officer of any violations and
the corrective action taken. The clause
also requires the contractor to
effectively manage its subcontractors
and to take remedial action against any
subcontractor that violates policy
regarding trafficking in persons.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because the proposed clause
applies only to contracts that require
performance outside the United States.
Therefore, DoD has not performed an
initial regulatory flexibility analysis.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2004–D017.
C. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. Chapter 35) applies, because the
proposed rule contains information
collection requirements. These
requirements will increase the burden
hours currently approved by the Office
of Management and Budget (OMB)
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35604
Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Proposed Rules
under Control Number 0704–0229;
DFARS Part 225, Foreign Acquisition,
and related clauses. DoD invites
comments on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of DoD, including whether the
information will have practical utility;
(b) the accuracy of the estimate of the
burden of the proposed information
collection; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
information collection on respondents,
including the use of automated
collection techniques or other forms of
information technology.
Needs and Uses: DoD contracting
officers will use this information to
monitor contractor compliance with
National Security Presidential Directive
22 and DoD policy that decrees ‘‘zero
tolerance’’ for trafficking in persons.
Affected Public: Businesses or other
for-profit and not-for-profit institutions.
Annual Burden Hours: 60.
Number of Respondents: 30.
Responses Per Respondent: 2.
Annual Responses: 60.
Average Burden Per Response: 1 hour.
Frequency: On occasion.
Summary of Information Collection
Paragraphs (g) through (i) of the
proposed clause require the contractor
to notify the contracting officer of any
alleged violations of policy concerning
trafficking in persons and the actions
taken by the contractor in response to
the violations. This information
collection will increase, by 60 hours, the
352,380 burden hours currently
approved under OMB Control Number
0704–0229 for use through May 31,
2007.
List of Subjects in 48 CFR Parts 212,
225, and 252
Therefore, DoD proposes to amend 48
CFR Parts 212, 225, and 252 as follows:
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
Parts 212, 225, and 252 continues to
read as follows:
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PART 225—FOREIGN ACQUISITION
3. Sections 225.7404 through
225.7404–3 are added to read as follows:
225.7404
persons.
Combating trafficking in
See related information at PGI
225.7404.
225.7404–1
Policy.
Contracts that require performance
outside the United States shall—
(a) Prohibit any activities on the part
of contractor employees that support or
promote trafficking in persons, as
defined in the clause at 252.225–70XX;
(b) Require contractors to develop
procedures to combat trafficking in
persons; and
(c) Impose suitable penalties on
contractors that fail to monitor the
conduct of their employees and
subcontractors with regard to trafficking
in persons.
225.7404–2 Notification to combatant
commander.
If the contracting officer receives
information in accordance with
paragraph (g), (h), or (i) of the clause at
252.225–70XX, the contracting officer
shall notify the combatant commander
through the local commander or other
designated representative.
225.7404–3
Contract clause.
Use the clause at 252.225–70XX,
Combating Trafficking in Persons, in
solicitations and contracts that require
performance outside the United States.
4. Section 252.225–70XX is added to
read as follows:
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
2. Section 212.301 is amended by
adding paragraph (f)(ix) to read as
follows:
(f) * * *
(ix) Use the clause at 252.225–70XX,
Combating Trafficking in Persons, as
prescribed in 225.7404–3.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Government procurement.
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
252.225–70XX
Persons.
Combating Trafficking in
As prescribed in 225.7404–3, use the
following clause:
Combating Trafficking in Persons (XXX
2005)
(a) Definitions. As used in this clause—
Combatant Commander means the
commander of a unified or specified
combatant command established in
accordance with 10 U.S.C. 161.
Commercial sex act means any sex act on
account of which anything of value is given
to or received by any person (22 U.S.C.
7102(3)).
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Debt bondage means the status or
condition of a debtor arising from a pledge
by the debtor for his or her personal services,
or of those of a person under his or her
control, as security for a debt, if—
(1) The value of those services as
reasonably assessed is not applied toward the
liquidation of the debt; or
(2) The length and nature of those services
are not respectively limited and defined (22
U.S.C. 7102(4)).
Employee means an employee of the
Contractor that is working outside the United
States in the performance of this contract.
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
condition, that person or another person
would suffer serious harm or physical
restraint; or
(2) The abuse or threatened abuse of the
legal process (22 U.S.C. 7102(5)).
Sex trafficking means the recruitment,
harboring, transportation, provision, or
obtaining of a person for the purpose of a
commercial sex act (22 U.S.C. 7102(9)).
Trafficking in persons means—
(1) The recruitment, 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, debt bondage, or
slavery; and
(2) Sex trafficking, including pimping,
pandering, or maintaining brothels.
(b) As delineated in National Security
Presidential Directive 22, the United States
has adopted a zero tolerance policy regarding
contractor employees who engage in or
support trafficking in persons.
(c) During the performance of this contract,
the Contractor shall ensure that its employees
do not engage in or support trafficking in
persons.
(d) The Contractor is responsible for
obtaining copies of the policies, laws,
regulations, and directives referenced in
paragraph (f) of this clause, as well as for
providing any necessary legal guidance and
interpretations for its personnel regarding
such policies, laws, regulations, and
directives.
(e) The Contractor shall establish policy
and procedures for combating trafficking in
persons.
(f) The Contractor shall provide training to
make its employees aware of the following:
(1) The United States Government zerotolerance policy described in paragraph (b) of
this clause.
(2) All host nation laws and regulations
relating to trafficking in persons.
(3) All United States laws and regulations
on trafficking in persons that may apply to
its employees’ conduct in the host nation,
including those laws for which jurisdiction is
established by the Military Extraterritorial
Jurisdiction Act of 2000 (18 U.S.C. 3261–
3267).
(4) Directives on trafficking in persons
from the Combatant Commander, or the
Combatant Commander’s designated
representative, that apply to contractor
employees, such as general orders and
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Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Proposed Rules
military listings of ‘‘off-limits’’ local
establishments.
(g) The Contractor shall inform the
Contracting Officer of any information it
receives from any source (including host
country law enforcement) that alleges a
contractor employee or subcontractor has
engaged in conduct that violates United
States Government policy concerning
trafficking in persons.
(h)(1) In accordance with its own operating
procedures and applicable policies, laws,
regulations, and directives, the Contractor
shall take appropriate employment action,
including removal from the host nation or
dismissal, against any of its employees who
engage in sex trafficking, or any other activity
that may support trafficking in persons, or
who otherwise violate a policy, law,
regulation, or directive described in
paragraph (f) of this clause.
(2) The Contractor shall inform the
Contracting Officer of any such action.
(3) Upon direction of the Contracting
Officer, the Contractor shall replace any such
employee.
(i)(1) The Contractor shall ensure that its
subcontractors comply with the mandates of
this clause, as included in subcontracts
pursuant to paragraph (k) of this clause. The
Contractor shall take appropriate action,
including termination of the subcontract,
when the Contractor obtains sufficient
evidence to determine that the subcontractor
is in non-compliance with its contractual
obligations regarding trafficking in persons.
(2) The Contractor shall inform the
Contracting Officer of any such action.
(j) In addition to other remedies available
to the Government, the Contractor’s failure to
comply with paragraph (g), (h), or (i) of this
clause may render the Contractor subject to—
(1) Suspension of contract payments;
(2) Loss of award fee, consistent with the
award fee plan, for the performance period in
which the Government determined that the
Contractor is in non-compliance;
(3) Termination of the contract for default
or cause; and
(4) Suspension or debarment.
(k) The Contractor shall include the
substance of this clause, including this
paragraph (k), in all subcontracts that require
performance outside the United States.
(End of clause)
[FR Doc. 05–12099 Filed 6–20–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Part 236
[DFARS Case 2003–D034]
Defense Federal Acquisition
Regulation Supplement; Construction
Contracting
Department of Defense (DoD).
Proposed rule with request for
comments.
AGENCY:
ACTION:
DoD is proposing to amend
the Defense Federal Acquisition
SUMMARY:
VerDate jul<14>2003
21:56 Jun 20, 2005
Jkt 205001
Regulation Supplement (DFARS) to
update policy on contracting for
construction services. This proposed
rule is a result of a transformation
initiative undertaken by DoD to
dramatically change the purpose and
content of the DFARS.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
August 22, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D034,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Defense Acquisition Regulations
Web Site: https://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2003–D034 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Mr. Euclides
Barrera, OUSD(AT&L)DPAP(DAR), IMD
3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations Council,
Crystal Square 4, Suite 200A, 241 18th
Street, Arlington, VA 22202–3402.
All comments received will be posted
to https://emissary.acq.osd.mil/dar/
dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Mr.
Euclides Barrera, (703) 602–0296.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dfars/
transf.htm.
This proposed rule is a result of the
DFARS Transformation initiative. The
proposed DFARS changes—
• Delete text defining and addressing
use of network analysis systems, as this
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35605
subject is addressed in the United
Facilities Guide Specifications used by
the military departments in specifying
construction requirements.
• Delete text on distribution and use
of contractor performance reports,
handling of Government estimates of
construction costs, use of bid schedules
with additive or deductive items, and
technical working agreements with
foreign governments. Text on these
subjects will be relocated to the new
DFARS companion resource,
Procedures, Guidance, and Information
(PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the proposed rule deletes and
relocates DFARS text on construction
contracting, but makes no significant
change to DoD contracting policy.
Therefore, DoD has not performed an
initial regulatory flexibility analysis.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2003–D034.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 236
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR Part 236 as follows:
PART 236—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
1. The authority citation for 48 CFR
Part 236 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
236.102
[Amended]
2. Section 236.102 is amended by
removing paragraph (4) and
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]]>Agencies
[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Proposed Rules]
[Pages 35603-35605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12099]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 212, 225, and 252
[DFARS Case 2004-D017]
Defense Federal Acquisition Regulation Supplement; Combating
Trafficking in Persons
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement policy prohibiting
activities on the part of DoD contractor employees that support or
promote trafficking in persons.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before August 22, 2005, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2004-D017,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web Site: https://
emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2004-D017 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Ms.
Amy Williams, OUSD (AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to https://
emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.
SUPPLEMENTARY INFORMATION:
A. Background
A memorandum issued by the Deputy Secretary of Defense on January
30, 2004, states as an objective that, consistent with U.S. and host-
nation law, provisions should be incorporated in overseas service
contracts that prohibit any activities on the part of contractor
employees that support or promote trafficking in persons and that
impose suitable penalties on contractors who fail to monitor the
conduct of their employees. The memorandum cites National Security
Presidential Directive/NPSD-22, which decrees that all departments of
the U.S. Government will take a ``zero tolerance'' approach to
trafficking in persons. NSPD-22 utilizes the definitions in Public Law
106-386, Victims of Trafficking and Violence Protection Act of 2000,
codified at 22 U.S.C. 7102. This proposed DFARS rule contains an
implementing clause for use in contracts that require performance
outside the United States. The proposed clause requires contractors to
establish policy and procedures for combating trafficking in persons
and to notify the contracting officer of any violations and the
corrective action taken. The clause also requires the contractor to
effectively manage its subcontractors and to take remedial action
against any subcontractor that violates policy regarding trafficking in
persons.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the proposed clause applies only to contracts that require
performance outside the United States. Therefore, DoD has not performed
an initial regulatory flexibility analysis. DoD invites comments from
small businesses and other interested parties. DoD also will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2004-D017.
C. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies, because
the proposed rule contains information collection requirements. These
requirements will increase the burden hours currently approved by the
Office of Management and Budget (OMB)
[[Page 35604]]
under Control Number 0704-0229; DFARS Part 225, Foreign Acquisition,
and related clauses. DoD invites comments on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of DoD, including whether the information will have
practical utility; (b) the accuracy of the estimate of the burden of
the proposed information collection; (c) ways to enhance the quality,
utility, and clarity of the information to be collected; and (d) ways
to minimize the burden of the information collection on respondents,
including the use of automated collection techniques or other forms of
information technology.
Needs and Uses: DoD contracting officers will use this information
to monitor contractor compliance with National Security Presidential
Directive 22 and DoD policy that decrees ``zero tolerance'' for
trafficking in persons.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Annual Burden Hours: 60.
Number of Respondents: 30.
Responses Per Respondent: 2.
Annual Responses: 60.
Average Burden Per Response: 1 hour.
Frequency: On occasion.
Summary of Information Collection
Paragraphs (g) through (i) of the proposed clause require the
contractor to notify the contracting officer of any alleged violations
of policy concerning trafficking in persons and the actions taken by
the contractor in response to the violations. This information
collection will increase, by 60 hours, the 352,380 burden hours
currently approved under OMB Control Number 0704-0229 for use through
May 31, 2007.
List of Subjects in 48 CFR Parts 212, 225, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Parts 212, 225, and 252 as
follows:
PART 212--ACQUISITION OF COMMERCIAL ITEMS
1. The authority citation for 48 CFR Parts 212, 225, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 212.301 is amended by adding paragraph (f)(ix) to read
as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(ix) Use the clause at 252.225-70XX, Combating Trafficking in
Persons, as prescribed in 225.7404-3.
PART 225--FOREIGN ACQUISITION
3. Sections 225.7404 through 225.7404-3 are added to read as
follows:
225.7404 Combating trafficking in persons.
See related information at PGI 225.7404.
225.7404-1 Policy.
Contracts that require performance outside the United States
shall--
(a) Prohibit any activities on the part of contractor employees
that support or promote trafficking in persons, as defined in the
clause at 252.225-70XX;
(b) Require contractors to develop procedures to combat trafficking
in persons; and
(c) Impose suitable penalties on contractors that fail to monitor
the conduct of their employees and subcontractors with regard to
trafficking in persons.
225.7404-2 Notification to combatant commander.
If the contracting officer receives information in accordance with
paragraph (g), (h), or (i) of the clause at 252.225-70XX, the
contracting officer shall notify the combatant commander through the
local commander or other designated representative.
225.7404-3 Contract clause.
Use the clause at 252.225-70XX, Combating Trafficking in Persons,
in solicitations and contracts that require performance outside the
United States.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 252.225-70XX is added to read as follows:
252.225-70XX Combating Trafficking in Persons.
As prescribed in 225.7404-3, use the following clause:
Combating Trafficking in Persons (XXX 2005)
(a) Definitions. As used in this clause--
Combatant Commander means the commander of a unified or
specified combatant command established in accordance with 10 U.S.C.
161.
Commercial sex act means any sex act on account of which
anything of value is given to or received by any person (22 U.S.C.
7102(3)).
Debt bondage means the status or condition of a debtor arising
from a pledge by the debtor for his or her personal services, or of
those of a person under his or her control, as security for a debt,
if--
(1) The value of those services as reasonably assessed is not
applied toward the liquidation of the debt; or
(2) The length and nature of those services are not respectively
limited and defined (22 U.S.C. 7102(4)).
Employee means an employee of the Contractor that is working
outside the United States in the performance of this contract.
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
condition, that person or another person would suffer serious harm
or physical restraint; or
(2) The abuse or threatened abuse of the legal process (22
U.S.C. 7102(5)).
Sex trafficking means the recruitment, harboring,
transportation, provision, or obtaining of a person for the purpose
of a commercial sex act (22 U.S.C. 7102(9)).
Trafficking in persons means--
(1) The recruitment, 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,
debt bondage, or slavery; and
(2) Sex trafficking, including pimping, pandering, or
maintaining brothels.
(b) As delineated in National Security Presidential Directive
22, the United States has adopted a zero tolerance policy regarding
contractor employees who engage in or support trafficking in
persons.
(c) During the performance of this contract, the Contractor
shall ensure that its employees do not engage in or support
trafficking in persons.
(d) The Contractor is responsible for obtaining copies of the
policies, laws, regulations, and directives referenced in paragraph
(f) of this clause, as well as for providing any necessary legal
guidance and interpretations for its personnel regarding such
policies, laws, regulations, and directives.
(e) The Contractor shall establish policy and procedures for
combating trafficking in persons.
(f) The Contractor shall provide training to make its employees
aware of the following:
(1) The United States Government zero-tolerance policy described
in paragraph (b) of this clause.
(2) All host nation laws and regulations relating to trafficking
in persons.
(3) All United States laws and regulations on trafficking in
persons that may apply to its employees' conduct in the host nation,
including those laws for which jurisdiction is established by the
Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261-
3267).
(4) Directives on trafficking in persons from the Combatant
Commander, or the Combatant Commander's designated representative,
that apply to contractor employees, such as general orders and
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military listings of ``off-limits'' local establishments.
(g) The Contractor shall inform the Contracting Officer of any
information it receives from any source (including host country law
enforcement) that alleges a contractor employee or subcontractor has
engaged in conduct that violates United States Government policy
concerning trafficking in persons.
(h)(1) In accordance with its own operating procedures and
applicable policies, laws, regulations, and directives, the
Contractor shall take appropriate employment action, including
removal from the host nation or dismissal, against any of its
employees who engage in sex trafficking, or any other activity that
may support trafficking in persons, or who otherwise violate a
policy, law, regulation, or directive described in paragraph (f) of
this clause.
(2) The Contractor shall inform the Contracting Officer of any
such action.
(3) Upon direction of the Contracting Officer, the Contractor
shall replace any such employee.
(i)(1) The Contractor shall ensure that its subcontractors
comply with the mandates of this clause, as included in subcontracts
pursuant to paragraph (k) of this clause. The Contractor shall take
appropriate action, including termination of the subcontract, when
the Contractor obtains sufficient evidence to determine that the
subcontractor is in non-compliance with its contractual obligations
regarding trafficking in persons.
(2) The Contractor shall inform the Contracting Officer of any
such action.
(j) In addition to other remedies available to the Government,
the Contractor's failure to comply with paragraph (g), (h), or (i)
of this clause may render the Contractor subject to--
(1) Suspension of contract payments;
(2) Loss of award fee, consistent with the award fee plan, for
the performance period in which the Government determined that the
Contractor is in non-compliance;
(3) Termination of the contract for default or cause; and
(4) Suspension or debarment.
(k) The Contractor shall include the substance of this clause,
including this paragraph (k), in all subcontracts that require
performance outside the United States.
(End of clause)
[FR Doc. 05-12099 Filed 6-20-05; 8:45 am]
BILLING CODE 5001-08-P
