Further, the proposed rule would update the regulations addressing the Federal Awardee Performance and Integrity Information System (FAPIIS) at FAR 9.104-6, to require the contracting officer to include in FAPIIS any allegations substantiated in an Inspector General report in which the contractor violated the trafficking in persons prohibitions in E.O. 13267 or the TVPA.
New policy applying to contracts where the portion to be performed outside
If a compliance plan is required, it must be (1) maintained during the performance of the contract and (2) appropriate to the size and complexity of the contract and to the nature and scope of the activities performed, including the risk that the contract will involve services or supplies susceptible to trafficking. The compliance plan must be provided to the contracting officer upon request (it need not be automatically submitted to the Government). Further, the contractor is required to post the relevant contents (see below) of the compliance plan, no later than the initiation of contract performance, at the workplace and on the contractor's Web site (if one is maintained).
Contractors would be required to incorporate the following elements into their compliance plans:
* An awareness program to inform contractor employees about--
* The trafficking-related activities in which the contractor is prohibited from engaging; and
* The actions that will be taken against employees for violations.
* A reporting process for employees to use, without fear of retaliation, to report any activity inconsistent with the zero-tolerance policy.
* A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host country legal requirements or explains any variance.
* A housing plan, if the contractor intends to provide or arrange housing that ensures that the housing meets host country housing and safety standards or explains the variance.
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