Army 5152.222-5900 Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of Employee Passports Basic (Mar 2014) (Current)

This clause has not been authorized for official release. We recommend deferring to the text of the clause in your RFP or contract.
As prescribed in AI 5122.1705-120(S-100), insert clause 5152.222-5900, Prohibition Against Human Trafficking, Inhumane Living Conditions, and Withholding of Employee Passports, in all services or construction contracts, which require performance in Afghanistan.

PROHIBITION AGAINST HUMAN TRAFFICKING, INHUMANE LIVING CONDITIONS, AND WITHHOLDING OF EMPLOYEE PASSPORTS (MAR 2014)

(a) All contractors (“contractors” refers to both prime contractors and all subcontractors at all tiers) are reminded of the prohibition contained in Title 18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, to prevent or restrict or to attempt to prevent or restrict, without lawful authority, the person’s liberty to move or travel, in order to maintain the labor or services of that person.

(b) Contractors are also required to comply with the following provisions:

    (1) Contractors shall only hold employee passports and other identification documents discussed above for the shortest period of time reasonable for administrative processing purposes.

    (2) Contractors shall provide all employees with a signed copy of their employment contract, in English as well as the employee’s native language, that defines the terms of their employment/compensation.

    (3) Contractors shall not utilize unlicensed recruiting firms or firms that charge illegal recruiting fees.

    (4) Contractors shall be required to provide adequate living conditions (sanitation, health, safety, living space) for their employees. Fifty square feet is the minimum acceptable square footage of personal living space per employee for Contractor furnished living space. Upon contractor’s written request, Contracting Officers may grant a waiver in writing in cases where the existing contractor provided square footage is within 20% of the minimum, and the overall conditions are determined by the Contracting Officer to be acceptable. A copy of the waiver approval shall be maintained at the respective life support area. Government furnished facilities will be provided in accordance with the applicable installation/base billeting standards, with contractor personnel afforded, at a minimum, square footage equivalent to an E1.

    (5) Contractors shall incorporate checks of life support areas to ensure compliance with the requirements of this Trafficking in Persons Prohibition into their Quality Control program, which will be reviewed within the Government’s Quality Assurance process.

    (6) Contractors shall comply with International and Host Nation laws regarding transit/exit/entry procedures and the requirements for visas and work permits.

(c) Contractors have an affirmative duty to advise the Contracting Officer if they learn of their employees violating the human trafficking and inhumane living conditions provisions contained herein. Contractors are advised that Contracting Officers and/or their representatives will conduct random checks to ensure contractors and subcontractors at all tiers are adhering to the law on human trafficking, humane living conditions and withholding of passports.

(d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract.

(End of Clause)
 

(d) The contractor agrees to incorporate the substance of this clause, including this paragraph, in all subcontracts under his contract.

Mandatory;
Supplies ✖ Domestic ✖ 

52.225-19 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States.

52.225-26 Contractors Performing Private Security Functions Outside the United States.

52.228-3 Workers’ Compensation Insurance (Defense Base Act).

52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas.

252.225-7027 Restriction on Contingent Fees for Foreign Military Sales.

252.225-7039 Defense Contractors Performing Private Security Functions Outside the United States.

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States.

252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States.

252.228-7000 Reimbursement for War-Hazard Losses.

252.228-7003 Capture and Detention.

252.229-7015 Taxes—Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement).

252.232-7011 Payments in Support of Emergencies and Contingency Operations.

252.232-7014 Notification of Payment in Local Currency (Afghanistan).

252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations

252.225-7975 Additional Access to Contractor and Subcontractor Records (DEVIATION 2020-O0001)

5152.225-5900 Arming Requirements and Procedures for Personal Security Services Contractors and Requests for Personal Protection

5152.225-5901 Armed Personnel Incident Reports

5152.225-5903 Compliance with Laws and Regulations

5152.229-4013 TAX EXEMPTION, SPECIAL EXCISE TAX, REPUBLIC OF KOREA

5152.225-5914 Commodity Shipping Instructions

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

5152.225-5902 Fitness for Duty and Medical/Dental Care Limitations

5152.225-5904 Monthly Contractor Census Reporting

5152.225-5907 MEDICAL SCREENING AND VACCINATION REQUIREMENTS FOR CONTRACTOR EMPLOYEES OPERATING IN THE CENTCOM AREA OF RESPONSIBILITY (AOR)(JUN 2015)

5152.225-5908 GOVERNMENT FURNISHED CONTRACTOR SUPPORT (JUN 2015)

5152.225-5910 Contractor Health and Safety

5152.225-5915 CONTRACTOR ACCOUNTABILITY AND PERSONNEL RECOVERY

5152.247-5900 Inbound/Outbound Cargo and Contractor Equipment Census

652.228-70 Defense Base Act – Covered Contractor Employees.

652.228-71 Worker’s Compensation Insurance (Defense Base Act) - Services.

652.229-71 Personal Property Disposition at Posts Abroad.

752.228-3 Worker's compensation insurance (Defense Base Act).

752.228-70 Medical Evacuation (MEDEVAC) Services.

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