Final Anti-Human Trafficking FAR and DFARS Rules

Final Anti-Human Trafficking FAR and DFARS Rules, published on January 29, 2015, amend the Federal Acquisition Regulation to implement Executive Order 13627, entitled “Strengthening Protections against Trafficking in Persons in Federal Contracts,” signed September 25, 2012 (77 FR 60029, dated October 2, 2012) and title XVII, entitled “Ending Trafficking in Government Contracting,” of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239), enacted January 2, 2013.

The final rule will strengthen the existing protections against trafficking in persons and create new supply chain burdens and liabilities for Government Contractors.

The final rule retains the requirement that for contracts with an estimated value over $500,000 for supplies acquired outside the United States or services to be performed outside the United States, the contractor must certify both prior to award and annually regarding their human trafficking compliance and monitoring.

The FAR rule takes effect March 2, 2015 and applies to all new contracts as well as future orders under existing indefinite-delivery/indefinite quantity (IDIQ) contracts. These requirements force government contractors to quickly evaluate and update their compliance programs addressing human trafficking.

If any part of a contract is for supplies, other than COTS items, acquired outside the United States, or services to be performed outside the United States, and the estimated value of the contract is over $500,000, before the contract may be awarded, the apparent successful offer or must certify that, (1) it has implemented an anti-human trafficking compliance plan and procedures to prevent human trafficking violations; and (2) has performed due diligence on its agents and subcontractors and taken remedial actions, if necessary.

The final rule also amends the DFARS to require contractors with a contract or subcontract for a non-commercial item (defined more broadly than COTS items) with a value exceeding $5 million to comply with requirements regarding the display of DOD hotline posters.

 

For more information about the Final Anti-Human Trafficking FAR and DFARS Rules, please visit http://www.regulations.gov/#!documentDetail;D=FAR-2013-0001-0022

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