Strengthening Protections Against Trafficking in Persons in Federal Contracts

This executive order strengthens anti-trafficking rules for federal contractors and subcontractors by amending procurement regulations. It prohibits specific trafficking-related activities like fraudulent recruitment, charging recruitment fees, and confiscating identity documents; requires compliance plans for large overseas contracts; and mandates training and interagency coordination to enforce zero-tolerance policies.

Federal Register Open PDF 77 FR 60029

Impact dates

Sep 25, 2013
PITF agencies establish evaluation process for domestic industries/sectors with trafficking risk
Mar 24, 2013
FAR Council must amend Federal Acquisition Regulation

Key directives

FAR Council shall amend FAR within 180 days to prohibit specific trafficking-related activities by contractors/subcontractors
Require contractor cooperation with audits and investigations
Mandate contracting officer notification to IG and suspension/debarment officials of violations
Require compliance plans for contracts over $500,000 performed outside the US, including awareness programs, reporting mechanisms, recruitment/wage plans, housing plans, and subcontractor monitoring
Require annual certification of compliance plan existence and absence of violations
Exempt commercially available off-the-shelf items from compliance plan requirements
PITF member agencies shall jointly establish process within 1 year to identify domestic industries/sectors with trafficking history
Federal Procurement Policy Administrator shall provide guidance on contract awarding/administration procedures and implement training requirements

Who is ordered

Timeline

Immediate

EO takes effect immediately
applies to solicitations issued after FAR Council action completed

Near term (90d)

FAR Council must amend Federal Acquisition Regulation within 180 days (by March 24, 2013)
PITF agencies must establish evaluation process for domestic industries/sectors within 1 year (by September 25, 2013)

Long term

Ongoing contractor compliance plan requirements for overseas contracts over $500,000
Annual certification requirements for covered contractors
Federal acquisition workforce training implementation
Interagency information sharing on trafficking risk factors

Risks & tensions

Compliance burden on contractors, especially small businesses in complex supply chains
Enforcement challenges given subcontractor tiers and overseas performance
Vague: 'appropriate' size/complexity standard for compliance plans leaves discretion
Potential tension between due process and rapid suspension/debarment for alleged violations
Host country legal requirements may conflict with US standards or be weakly enforced