[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Page 88707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29434]



Office of Federal Procurement Policy

Anti-Trafficking Risk Management Best Practices & Mitigation 
Considerations Guidance

AGENCY: Office of Federal Procurement Policy, Office of Management and 

ACTION: Notice; request for comments.


SUMMARY: The Office of Federal Procurement Policy (OFPP) in the Office 
of Management and Budget (OMB) is seeking comment on a draft memorandum 
that it has developed in coordination with the Office to Monitor and 
Combat Trafficking in Persons in the Department of State (DOS) and the 
Department of Labor (DOL), as Co-Chairs of the Procurement and Supply 
Chains Committee of the Senior Policy Operating Group of the 
President's Interagency Task Force to Monitor and Combat Trafficking in 
Persons (the ``SPOG Committee''), to address anti-trafficking risk 
management best practices and mitigation considerations. This guidance 
is designed to help an agency determine if a contractor is taking 
adequate steps to meet its anti-trafficking responsibilities under the 
Federal Acquisition Regulation (FAR).

DATES: Interested parties should submit comments in writing to the 
address below on or before January 9, 2017.

ADDRESSES: Comments may be submitted by any of the following methods:

Via email: [email protected]

Facsimile: 202-395-5105

    Instructions: Please submit comments only and cite ``Proposed Memo 
on Anti- Trafficking'' in all correspondence.

FOR FURTHER INFORMATION CONTACT: Porter Glock, Office of Federal 
Procurement Policy at 202-395-3145 or [email protected].
    Availability: Copies of the draft memorandum may be obtained at the 
OMB home page at https://www.whitehouse.gov/omb/procurement.

SUPPLEMENTARY INFORMATION: Executive Order 13627, Strengthening 
Protections Against Trafficking in Persons in Federal Contracts, and 
Title XVII of the National Defense Authorization Act (NDAA) for FY 
2013, Ending Trafficking in Government Contracting, established 
requirements for government contracts to prevent trafficking in 
persons. As a result, the Federal Acquisition Regulatory Council 
amended the FAR to implement these requirements.
    The co-chairs of the SPOG Committee, OMB, DOS, and DOL (``Co-
Chairs''), expect contractors to be proactive and forthcoming in their 
efforts to address and reduce the risk of human trafficking in their 
operations and supply chains. At the same time, OMB, State, and DOL 
recognize that not all contractors are similarly situated and some, 
such as those with large supply chains, may face more challenges than 
others in meeting their responsibilities. In addition, not all risks 
are equal in their impact. To this end, the Co-Chairs developed a set 
of best practices and mitigation considerations to help contracting 
officers determine if a contractor is taking adequate steps to meet its 
anti-trafficking responsibilities under the FAR. In addition, to 
promote clarity and consistency in the implementation of anti-
trafficking requirements, the Co-Chairs also developed responses to a 
number of frequently asked questions posed by stakeholders following 
the publication of the final FAR rule.
    The Co-Chairs encourage feedback on the draft guidance. Comments 
are especially welcome on identified best practices and mitigating 
steps as well as any additional information that may be relevant to 
helping a contracting officer determine if an existing Federal 
contractor who reports a trafficking incident has taken reasonable 
actions or if a prospective contractor is able to address trafficking 
challenges where the agency is planning an acquisition in an 
environment that is at high risk of trafficking.
    This draft memorandum is another step in an ongoing effort to 
provide tools to the federal acquisition community--both contracting 
officers and contractors--to ensure the effective implementation of 
E.O. 13627 and the NDAA. These tools include (i) an interactive online 
platform, www.ResponsibleSourcingTool.org, which enables federal 
contractors and other entities to visualize human trafficking risks by 
location, industry sector, and commodity, (ii) online training for both 
contractors and government acquisition officers on the FAR changes to 
address the strengthened trafficking requirements for federal 
contracts, and (iii) additional rulemaking to help ensure contractors 
fully understand what is expected of them to be in compliance with the 
prohibition on charging employees and potential employees recruitment 

Lesley A. Field,
Acting Administrator.
[FR Doc. 2016-29434 Filed 12-7-16; 8:45 am]