[Federal Register Volume 86, Number 23 (Friday, February 5, 2021)]
[Notices]
[Pages 8360-8361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02402]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[OMB Control No. 9000-0188; Docket No. 2021-0053; Sequence No. 3]


Information Collection; Combating Trafficking in Persons

AGENCY: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, and 
the Office of Management and Budget (OMB) regulations, DoD, GSA, and 
NASA invite the public to comment on a revision and renewal concerning 
combating trafficking in persons. DoD, GSA, and NASA invite comments 
on: whether the proposed collection of information is necessary for the 
proper performance of the functions of Federal Government acquisitions, 
including whether the information will have practical utility; the 
accuracy of the estimate of the burden of the proposed information 
collection; ways to enhance the quality, utility, and clarity of the 
information to be collected; and ways to minimize the burden of the 
information collection on respondents, including the use of automated 
collection techniques or other forms of information technology. OMB has 
approved this information collection for use through September 30, 
2021. DoD, GSA, and NASA propose that OMB extend its approval for use 
for three additional years beyond the current expiration date.

DATES: DoD, GSA, and NASA will consider all comments received by April 
6, 2021.

ADDRESSES: DoD, GSA, and NASA invite interested persons to submit 
comments on this collection through http://www.regulations.gov and 
follow the instructions on the site. This website provides the ability 
to type short comments directly into the comment field or attach a file 
for lengthier comments. If there are difficulties submitting comments, 
contact the GSA Regulatory Secretariat Division at 202-501-4755 or 
[email protected].
    Instructions: All items submitted must cite OMB Control No. 9000-
0188, Combating Trafficking in Persons. Comments received generally 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two-to-three days after submission to verify posting.

FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement 
Analyst, at telephone 703-605-2868, or [email protected].

SUPPLEMENTARY INFORMATION: 

A. OMB control number, Title, and any Associated Form(s): 9000-0188, 
Combating Trafficking in Persons.

B. Need and Uses

    This clearance covers the information that offerors contractors 
must submit to comply with the following Federal Acquisition Regulation 
(FAR) requirements:

52.222-50, Combating Trafficking in Persons.

    Notification. Paragraph (d) of this clause requires contractors to 
notify the

[[Page 8361]]

contracting officer and the agency Inspector General of--
     Any credible information they receive from any source that 
alleges a contractor employee, subcontractor, or subcontractor 
employee, or their agent has engaged in conduct that violates the 
policy in paragraph (b) of the clause 52.222-50; and
     Any actions taken against a contractor employee, 
subcontractor, subcontractor employee, or their agent pursuant to this 
clause.
    Compliance Plan and Annual Certification. Paragraph (h) of the 
clause contains an additional requirement for contracts for supplies 
(other than commercially available off-the-shelf (COTS) items) to be 
acquired outside the United States and contracts for services to be 
performed outside the United States, with an estimated value exceeding 
$550,000, where the contractor is to maintain a compliance plan during 
the performance of the contract. This compliance plan must include an 
awareness program, a process for employees to report activity 
inconsistent with the zero-tolerance policy, a recruitment and wage 
plan, a housing plan, and procedures to prevent subcontractors from 
engaging in trafficking in persons.
     Contractors are required to provide the compliance plan to 
the contracting officer upon request.
     Contractors are required to submit a certification to the 
contracting officer annually after receiving an award, asserting that 
they have the required compliance plan in place and that there have 
been no abuses, or that appropriate actions have been taken if abuses 
have been found.
     For those subcontractors required to submit a 
certification (see next bullet on flow down), contractors shall require 
that submission prior to award of the subcontract and annually 
thereafter. Portions of this clause flows down to all subcontractors. 
The requirements related to the compliance plan only flow down to 
subcontracts exceeding $550,000 for supplies (other than COTS items) 
acquired and services performed outside the United States.
    This clause applies to commercial item acquisitions, except the 
portions related to the compliance plan do not apply to acquisitions of 
COTS items.

52.222-56, Certification Regarding Trafficking in Persons Compliance 
Plan.

    This provision requires apparently successful offerors to submit a 
certification, prior to award, that they have implemented a compliance 
plan and that there have been no abuses, or that appropriate actions 
have been taken if abuses have been found.
    The provision requires this certification for the portion of 
contracts exceeding $550,000 for supplies (other than COTS items) 
acquired and services performed outside the United States.
    This provision applies to commercial item acquisitions, except 
acquisitions of COTS items.
    FAR 52.222-50, paragraph (d)--Notification. The Government uses 
this notification of potential violations of trafficking in persons 
requirements to investigate and take appropriate action if a violation 
has occurred.
    FAR 52.222-50, paragraph (h)--Compliance Plan. The Government uses 
the compliance plan to ascertain compliance with the Trafficking 
Victims Protection Act (22 U.S.C. 7104), Executive Order 13627, 
Strengthening Protections Against Trafficking in Persons in Federal 
Contracts dated September 25, 2012 (77 FR 60029, October 2, 2012) and 
Title XVII of the National Defense Authorization Act for Fiscal Year 
2013 (Pub. L. 112-239, enacted January 2, 2013) or any other applicable 
law or regulation.
    FAR 52.222-50, paragraph (h) and FAR 52.222-56--Certification. The 
Government uses the certification to obtain reasonable assurance that 
the contractor and its subcontractors are aware of and complying with 
the requirements of the Executive Order and statute.

C. Annual Burden

    Respondents/Recordkeepers: 5,876.
    Total Annual Responses: 11,702.
    Total Burden Hours: 164,154. (25,722 reporting hours + 138,432 
recordkeeping hours)
    Obtaining Copies: Requesters may obtain a copy of the information 
collection documents from the GSA Regulatory Secretariat Division by 
calling 202-501-4755 or emailing [email protected]. Please cite OMB 
Control No. 9000-0188, Combating Trafficking in Persons.

Janet Fry,
Director, Federal Acquisition Policy Division, Office of Governmentwide 
Acquisition Policy, Office of Acquisition Policy, Office of 
Governmentwide Policy.
[FR Doc. 2021-02402 Filed 2-4-21; 8:45 am]
BILLING CODE 6820-EP-P