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                            22.1704 Violations and remedies.
        
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FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart22.022.122.222.322.422.522.622.822.922.1022.1122.1322.1422.1522.1622.1722.1822.1922.21
Section22.170022.170122.170222.170322.170422.1705
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22.1704 Violations and remedies.22.1704 Violations and remedies.       (a) 						            Violations. It is a violation	of the Trafficking Victims Protection Act of 2000, as amended, (  22 U.S.C. chapter 78), E.O.	13627, or the policies of this subpart if—                                                         (1) 								                The contractor,	contractor employee, subcontractor, subcontractor employee, or agent	engages in severe forms of trafficking in persons during the period	of performance of the contract;                                                            (2) 								                The contractor,	contractor employee, subcontractor, subcontractor employee, or agent	procures a commercial sex act during the period of performance of	the contract;                                                            (3) 								                The contractor,	contractor employee, subcontractor, subcontractor employee, or agent	uses forced labor in the performance of the contract; or                                                            (4) 								                The contractor	fails to comply with the requirements of the clause at  52.222-50, Combating Trafficking	in Persons.                                                                             (b) 						            Credible	information. Upon receipt of credible information regarding a violation	listed in paragraph (a) of this section, the contracting officer—-                                                         (1) 								                Shall	promptly notify, in accordance with agency procedures, the agency	Inspector General, the agency debarring and suspending official,	and if appropriate, law enforcement officials with jurisdiction	over the alleged offense; and                                                            (2) 								                May direct	the contractor to take specific steps to abate the alleged violation	or enforce the requirements of its compliance plan.                                                                             (c) 						            Receipt	of agency Inspector General report.                                                         (1) 								                The head of	an executive agency shall ensure that the contracting officer is	provided a copy of the agency Inspector General report of an investigation	of a violation of the trafficking in persons prohibitions in  22.1703(a) and  52.222-50(b).                                                            (2)                                                                           (i) 										                    Upon	receipt of a report from the agency Inspector General that provides	support for the allegations, the head of the executive agency, in	accordance with agency procedures, shall delegate to an authorized	agency official, such as the agency suspending or debarring official,	the responsibility to-                                                                                             (A) 												                        Expeditiously conduct an administrative	proceeding, allowing the contractor the opportunity to respond to the	report;                                                                                                (B) 												                        Make a	final determination as to whether the allegations are substantiated;	and                                                                                                (C) 												                        Notify	the contracting officer of the determination.                                                                                                                                         (ii) 										                    Whether	or not the official authorized to conduct the administrative	proceeding is the suspending and debarring official, the	suspending and debarring official has the authority, at any	time before or after the final determination as to whether	the allegations are substantiated, to use the suspension and	debarment procedures in  subpart  9.4 to suspend, propose for debarment, or debar	the contractor, if appropriate, also considering the factors	at  22.1704(d)(2).                                                                                                                            (d) 						            Remedies.	After a final determination in accordance with paragraph (c)(2)(ii)	of this section that the allegations of a trafficking in persons	violation are substantiated, the contracting officer shall—                                                         (1) 								                Enter	the violation in FAPIIS (see  42.1503(h));	and                                                            (2) 								                Consider	taking any of the remedies specified in paragraph (e) of the clause	at  52.222-50, Combating Trafficking in	Persons. These remedies are in addition to any other remedies available	to the United States Government. When determining the appropriate	remedies, the contracting officer may consider the following factors:                                                                           (i) 										                    Mitigating	factors. The contractor had a Trafficking in Persons compliance	plan or awareness program at the time of the violation, was in compliance	with the plan at the time of the violation, and has taken appropriate	remedial actions for the violations, that may include reparation	to victims for such violations.                                                                              (ii) 										                    Aggravating	factors. The contractor failed to abate an alleged violation or	enforce the requirements of a compliance plan, when directed by	a contracting officer to do so.    **Parent topic:**  Subpart 22.17 - Combating Trafficking in Persons
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