Reporting Requirements and Procedures

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Reporting Requirements and Procedures
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Trafficking in Persons Reporting Requirements

• FAR 52.222-50 Combating Trafficking in Persons
• Contractors shall not engage in severe forms of
  trafficking in persons during the period of the
  contract
• Procure commercial sex acts during the period of
  the performance of the contract
• Use forced labor in the performance of the
  contract
• Contractor Obligations under FAR
• Inform employees of USG policy (set forth in FAR)
  and actions to be taken against employees who
  violate it
• Take appropriate action for violations
• Report to the Contracting Officer Immediately
• Any information obtained from ANY SOURCE that
  alleges that any employee, subcontractor, or
  subcontractor employee has violated this section
• OIG requests concurrent notification
• Parallel reporting requirements added to all
  existing and new cooperative agreements and
  grants

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FAR 52-203-13 Reporting Requirements

• Timely disclosure, in writing, to the agency
  OIG, with a copy to the Contracting Officer,
  whenever, in connection with the award,
  performance, or closeout of any Government
  contract performed by the Contractor or a
  subcontract thereunder, the Contractor has
  credible evidence that a principal, employee,
  agent, or subcontractor of the Contractor has
  committed a violation of Federal criminal law
  involving fraud, conflict of interest, bribery,
  or gratuity violations found in Title 18 U.S.C.
  or a violation of the civil False Claims Act (31
  U.S.C. 3729-3733).

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Initial Notification

• Should be made to USAID OIG using online
  reporting form

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22 CFR 226 Administration of Assistance Awards
to US NGOs

• 22 CFR 226.13 Suspension and Debarment
• 22 CFR 2226.21 Standards for Financial Mgmt
  Systems
• 22 CFR 226.42 Codes of Conduct
• 22 CFR 226.43 Competition
• 22 CFR 226.44 Procurement Procedures
• 22 CFR 226.46 Procurement Records
• 22 CFR 226.61 Suspension and Termination

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22 CFR 226 Administration of Assistance Awards
to US NGOs

• 22 CFR 226.62 Enforcement
• (a) Remedies for noncompliance. If a recipient
  materially fails to comply with the terms and
  conditions of an award, whether stated in a
  Federal statute, regulation, assurance,
  application, or notice of award, USAID may, in
  addition to imposing any of the special
  conditions outlined in 226.14, take one or more
  of the following actions, as appropriate in the
  circumstances.
• (1) Temporarily withhold cash payments pending
  correction of the deficiency by the recipient or
  more severe enforcement action by USAID
• (2) Disallow (that is, deny both use of funds and
  any applicable matching credit for) all or part
  of the cost of the activity or action not in
  compliance.
• (3) Wholly or partly suspend or terminate the
  current award.
• (4) Withhold further awards for the project or
  program.
• (5) Take other remedies that may be legally
  available.

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Notification Procedures

• Initial Notification
• Made as soon as possible using OIG online
  reporting form
• If allegation relates to a contract or
  Trrafficking must also be reported to CO
• Follow-up may be made to OIG in DC or at
  servicing RIG
• OIG Review and Consultation
• OIG will review the allegation and consult with
  implementer
• Decision will be made how allegation will be
  handled
• Do not interfere with investigation
• Investigation by Implementing Partner
• OIG and partner will reach agreement on period
  of time
• Implementing partner responsible for
  investigating

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Details to Be Included in Implementer Report

• Report including activities undertaken and
  results
• Copies of any personnel actions taken
• Copies of original documents substantiating
  allegations
• Summary of
• Any potentially disallowable costs (per 22 CFR
  226 or FAR)
• Loss to USAID project as a result of
  inappropriate activity
• Any amount to be credited or returned to USAID
• Copy should be sent concurrently to USAID COPP
  unit at compliance_at_usaid.gov