FAC 2005-80: Trafficking in Persons, Services Acquistions

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have issued Federal Acquisition Circular 2005-80, which contains three final rules amending the Federal Acquisition Regulation.

The rules are: Item I—Ending Trafficking in Persons (FAR Case 2013-001), Item II—Management and Oversight of the Acquisition of Services (FAR Case 2014-008), and Item III, which makes various editorial changes.

The final rule in FAR Case 2013-001 amends the FAR to strengthen protections against trafficking in persons. Pursuant to the policy in revised FAR 22.1703 and in the FAR 52.222-50 clause (as prescribed at FAR 22.1705), contractors and subcontractors must disclose to employees the key conditions of employment, starting with wages and work location. Also, contractors may not charge recruiting fees to employees. FAR 52.222-50(h) requires compliance plans and annual certifications for portions of contracts over $500,000 performed outside the United States, except for supply contracts for commercially available off-the-shelf items. Pursuant to FAR 42.1503, the CO must also update the Federal Awardee Performance and Integrity Information System with violations substantiated by the agency Inspector General, after a final agency determination.

The FAR Case 2014-008 final rule amends the FAR to implement a recommendation to strengthen guidance on service acquisitions with regard to uncompensated overtime. The rule incorporates at FAR 37.101 the definitions relating to “uncompensated overtime” presently set forth in FAR 52.237-10(a), except that the defined term “uncompensated overtime rate” has been changed to “adjusted hourly rate (including uncompensated overtime).”

Each rule goes into effect on March 2, 2015.

About William Van Huis

Bill Van Huis is a Senior Writer/Analyst for Wolters Kluwer Law & Business who tracks and analyzes new regulations impacting federal government contracting. He also follows court decisions involving bid protests and contract disputes. You can find his work in WK publications like Government Contract Reports and the FAR and DFARS Matrix Tools. Bill is a Certified Professional Contracts Manager, and he has a law degree from Southern Illinois University, where he graduated summa cum laude. Prior to joining WK, Bill worked both inside and outside state and local government in the areas of procurement and municipal finance. Bill also worked as a staff attorney for the Illinois Supreme Court.
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