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Last March, government contractors’ anti-human trafficking obligations were significantly expanded under FAR Subpart 22.17, Combating Trafficking in Persons, and its associated contract clause at FAR 52.222-50. Among other requirements, the amended FAR rule broadened the definition of trafficking in persons in government contracts, instituted new contractor reporting obligations, and implemented a number of additional compliance and certification requirements for certain contractors, such as the requirement to develop an “appropriate” compliance plan when contracts for the acquisition of services or non-COTS goods outside the United States exceed $500,000.

As Crowell & Moring analyzed here, the revised regulations left contractors facing a multitude of compliance challenges and open questions as they tried to institute “appropriate” compliance plans and policies to reduce the risk of the potentially serious consequences associated with violating the new rule.

In an effort to provide contractors with some clarity and guidance, yesterday, Verité launched the Responsible Sourcing Tool, a new website that will help contractors understand the risks of human trafficking in supply chains, and equip them with the tools necessary to implement effective compliance systems that detect, prevent and combat trafficking. Particularly of note, the website unveiled a model Compliance Plan Template, which is intended for use “specifically by companies that need to demonstrate compliance with the Combating Trafficking in Persons requirements of the [FAR] and submit certifications under 52.222-50(h) and 22.1703(c).”

The Responsible Sourcing Tool contains a number of other useful compliance resources and templates, including a sample code of conduct, sample vendor agreement, supplier self-assessments and case studies. The content was developed by Verité with the support and collaboration of the U.S. Department of State’s Office to Monitor and Combat Trafficking in Persons, and in conjunction with other State Department and U.S. Government agency experts.

In the face of a FAR rule that provides limited direction, these resources will assist contractors with meeting their anti-human trafficking obligations. However, contractors should be aware that the Government may now use these model policies and compliance plans as a benchmark when assessing whether contractors have satisfied their supply chain due diligence requirements.

It is important to remember that a contractor’s compliance with its obligations to combat human trafficking should not be considered a one-size fits all solution. Because of the risk-based approach required by the rules, certain situations may require more policies, procedures and/or controls to correspond to the risk of that environment.

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Photo of Olivia Lynch Olivia Lynch

Olivia L. Lynch is a partner in Crowell & Moring’s Government Contracts Group in the Washington, D.C. office.

General Government Contracts Counseling. Olivia advises government contractors on navigating the procurement process, compliance and ethics, commercial item contracting, accessibility, supply chain assurance, and…

Olivia L. Lynch is a partner in Crowell & Moring’s Government Contracts Group in the Washington, D.C. office.

General Government Contracts Counseling. Olivia advises government contractors on navigating the procurement process, compliance and ethics, commercial item contracting, accessibility, supply chain assurance, and various aspects of state and local procurement law.

Photo of M.Yuan Zhou M.Yuan Zhou

M. Yuan Zhou is a counsel in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group.

Yuan’s practice includes a wide range of investigatory, counseling, and transactional capabilities, including: internal investigations related to…

M. Yuan Zhou is a counsel in the Washington, D.C. office of Crowell & Moring, where she is a member of the firm’s Government Contracts Group.

Yuan’s practice includes a wide range of investigatory, counseling, and transactional capabilities, including: internal investigations related to the False Claims Act, the Procurement Integrity Act, and other civil and criminal matters; compliance reviews and enhancing contractor compliance programs; representing clients in suspension and debarment proceedings; counseling on data rights issues, challenges, and disputes; mandatory disclosures; and providing government contracts due diligence in transactional matters. As part of the firm’s State and Local Practice, Yuan also counsels clients on state and local procurement issues, ranging from bid protests to contract negotiations with state agencies, and advises prime contractors and subcontractors on a variety of issues including prime/sub contract formation, disputes, and other government contracts issues.