252.222-7000 Restrictions on Employment of Personnel.
252.222-7001 Right of First Refusal of Employment--Closure
of Military Installations.
252.222-7002 Compliance with
Local Labor Laws (Overseas).
252.222-7003 Permit from Italian
Inspectorate of Labor.
252.222-7004 Compliance with
Spanish Social Security Laws and Regulations.
252.222-7005 Prohibition on Use
of Nonimmigrant Aliens--Guam.
252.222-7006 Combating
Trafficking in Persons.
252.222-7000 Restrictions on Employment of Personnel.
As prescribed in 222.7004, use the following clause:
RESTRICTIONS ON EMPLOYMENT OF
PERSONNEL (MAR 2000)
(a) The Contractor shall employ, for the purpose
of performing that portion of the contract work in _______________, individuals
who are residents thereof and who, in the case of any craft or trade, possess
or would be able to acquire promptly the necessary skills to perform the
contract.
(b) The Contractor shall insert the substance of
this clause, including this paragraph (b), in each subcontract awarded under
this contract.
(End of clause)
252.222-7001 Right of First Refusal of Employment--Closure
of Military Installations.
As prescribed in 222.7102, use the following clause:
RIGHT OF FIRST REFUSAL OF
EMPLOYMENT--CLOSURE OF MILITARY INSTALLATIONS (APR 1993)
(a) The Contractor shall give Government
employees, who have been or will be adversely affected by closure of the
military installation where this contract will be performed, the right of first
refusal for employment openings under the contract. This right applies to positions for which the
employee is qualified, if consistent with post-Government employment conflict
of interest standards.
(b) Government personnel seeking preference under
this clause shall provide the Contractor with evidence of eligibility from the
Government personnel office.
(End of clause)
252.222-7002 Compliance with
Local Labor Laws (Overseas).
As prescribed in
222.7201(a), use the following clause:
COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)
(a) The Contractor shall
comply with all¾
(1) Local laws,
regulations, and labor union agreements governing work hours; and
(2) Labor
regulations including collective bargaining agreements, workers’ compensation,
working conditions, fringe benefits, and labor standards or labor contract
matters.
(b) The Contractor
indemnifies and holds harmless the United States Government from all claims
arising out of the requirements of this clause.
This indemnity includes the Contractor’s obligation to handle and
settle, without cost to the United States Government, any claims or litigation
concerning allegations that the Contractor or the United States Government, or
both, have not fully complied with local labor laws or regulations relating to
the performance of work required by this contract.
(c) Notwithstanding
paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and
31.205-47(d) of the Federal Acquisition Regulation, the Contractor will be
reimbursed for the costs of all fines, penalties, and reasonable litigation
expenses incurred as a result of compliance with specific contract terms and
conditions or written instructions from the Contracting Officer.
(End of clause)
252.222-7003 Permit from Italian
Inspectorate of Labor.
As prescribed in
222.7201(b), use the following clause:
PERMIT FROM ITALIAN INSPECTORATE OF LABOR (JUN 1997)
Prior to the date set
for commencement of work and services under this contract, the Contractor shall
obtain the prescribed permit from the Inspectorate of Labor having jurisdiction
over the work site, in accordance with Article 5g of Italian Law Number 1369,
dated October 23, 1960. The Contractor
shall ensure that a copy of the permit is available at all reasonable times for
inspection by the Contracting Officer or an authorized representative. Failure to obtain such permit may result in
termination of the contract for the convenience of the United States
Government, at no cost to the United States Government.
(End of clause)
252.222-7004 Compliance with
Spanish Social Security Laws and Regulations.
As prescribed in
222.7201(c), use the following clause:
COMPLIANCE WITH SPANISH SOCIAL SECURITY LAWS AND REGULATIONS
(JUN 1997)
(a) The Contractor shall
comply with all Spanish Government social security laws and regulations. Within 30 calendar days after the start of
contract performance, the Contractor shall ensure that copies of the documents
identified in paragraph (a)(1) through (a)(5) of this clause are available at
all reasonable times for inspection by the Contracting Officer or an authorized
representative. The Contractor shall
retain the records in accordance with the Audit and Records clause of this
contract.
(1)
TC1--Certificate of Social Security Payments;
(2) TC2--List of
Employees;
(3)
TC2/1--Certificate of Social Security Payments for Trainees;
(4) Nominal (pay
statements) signed by both the employee and the Contractor; and
(5) Informa de Situacion de Empressa (Report of the Condition of the Enterprise) from
the Ministerio de Trabajo y
S.S., Tesoreria General de la Seguridad
Social (annotated with the pertinent contract number(s) next to the employee’s
name).
(b) All TC1’s, TC2’s,
and TC2/1’s shall contain a representation that they have been paid by either
the Social Security Administration Office or the Contractor’s bank or savings
institution. Failure by the Contractor
to comply with the requirements of this clause may result in termination of the
contract under the clause of the contract entitled “Default.”
(End of clause)
252.222-7005 Prohibition on Use
of Nonimmigrant Aliens--Guam.
As prescribed in
222.7303, use the following clause:
PROHIBITION ON USE OF NONIMMIGRANT ALIENS--GUAM (SEP 1999)
The work required by
this contract shall not be performed by any alien who is issued a visa or
otherwise provided nonimmigrant status under Section 101(a)(15)(H)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)). This prohibition does not apply to the
performance of work by lawfully admitted citizens of the freely associated
states of the Republic of the Marshall Islands, the Federated States of
Micronesia, or the Republic of Palau.
(End of clause)
252.222-7006 Combating
Trafficking in Persons.
As prescribed in 222.1705, use the
following clause:
COMBATING TRAFFICKING IN PERSONS (OCT 2006)
(a) Definitions. As used in this clause–
“Coercion” means–
(1)
Threats of serious harm to or physical restraint against any person;
(2)
Any scheme, plan, or pattern intended to cause a person to believe that
failure to perform an act would result in serious harm to or physical restraint
against any person; or
(3)
The abuse or threatened abuse of the legal process.
“Commercial sex act” means any sex act on account of which anything of
value is given to or received by any person.
"Construction" means construction,
alteration, or repair (including dredging, excavating, and painting) of
buildings, structures, or other real property.
For purposes of this definition, the terms “buildings, structures, or
other real property” include, but are not limited to, improvements of all
types, such as bridges, dams, plants, highways, parkways, streets, subways,
tunnels, sewers, mains, power lines, cemeteries, pumping stations, railways,
airport facilities, terminals, docks, piers, wharves, ways, lighthouses, buoys,
jetties, breakwaters, levees, canals, and channels. Construction does not include the
manufacture, production, furnishing, construction, alteration, repair,
processing, or assembling of vessels, aircraft, or other kinds of personal
property.
“Debt bondage” means the status or condition of a debtor arising from a
pledge by the debtor of his or her personal services or of those of a person
under his or her control as a security for debt, if the value of those services
as reasonably assessed is not applied toward the liquidation of the debt or the
length and nature of those services are not respectively limited and defined.
“Employee” means an employee of a contractor directly engaged in the
performance of work under a Government contract, including all direct cost
employees and any other contractor employee who has other than a minimal impact
or involvement in contract performance.
“Individual” means a contractor that has no more than one employee
including the contractor.
“Involuntary servitude” includes a condition of servitude induced by
means of–
(1) Any
scheme, plan, or pattern intended to cause a person to believe that, if the
person did not enter into or continue in such conditions, that person or
another person would suffer serious harm or physical restraint; or
(2)
The abuse or threatened abuse of the legal process (22 U.S.C. 7102(5)).
"Service contract" means a
contract that directly engages the time and effort of a contractor whose
primary purpose is to perform an identifiable task rather than to furnish an
end item of supply.
“Service (other than commercial)” means a service that does not meet the
definition of commercial item in section 2.101 of the Federal Acquisition
Regulation.
“Severe forms of trafficking in persons” means–
(1) Sex
trafficking in which a commercial sex act is induced by force, fraud, or
coercion, or in which the person induced to perform such act has not attained
18 years of age; or
(2) The
recruitment, harboring, transportation, provision, or obtaining of a person for
labor or services, through the use of force, fraud, or coercion for the purpose
of subjection to involuntary servitude, peonage, debt bondage, or slavery.
“Sex trafficking” means the recruitment, harboring, transportation,
provision, or obtaining of a person for the purpose of a commercial sex act.
“United States” means the 50 States, the District of Columbia, and
outlying areas.
(b) Policy.
It is the policy of the Department of
Defense (DoD) that trafficking in persons will not be facilitated in any way by
the activities of DoD contractors or contractor personnel. DoD will not
tolerate severe forms of trafficking in persons or use of forced labor by DoD contractors, DoD subcontractors, or DoD contractor
or subcontractor personnel during the period of contract performance. Furthermore, DoD
will not tolerate the procurement of commercial sex acts by DoD contractors,
DoD subcontractors, or DoD contractor or subcontractor personnel, during
the period of performance of service or construction contracts. As delineated in National Security
Presidential Directive 22, the United States has adopted a zero tolerance
policy regarding contractor personnel who engage in or support trafficking in
persons.
(c) Contractor compliance.
(1) During
the performance of this contract, the Contractor shall comply with the policy
of DoD and shall not engage in or support severe forms of trafficking in
persons or use forced labor. The Contractor is responsible for knowing and
adhering to United States Government zero-tolerance policy and all host nation
laws and regulations relating to trafficking in persons and the use of
forced labor.
(2) Additionally,
if this contract is a service or construction contract, the Contractor shall
not engage in or support the procurement of commercial sex acts during
the performance of this contract and is responsible
for knowing and adhering to United States Government policy and all host nation
laws and regulations relating thereto.
(d) Contractor responsibilities for employee
conduct - service or construction contracts.
If this contract is a service or construction contract, the
Contractor, if other than an individual, shall establish policies and
procedures for ensuring that during the performance of this contract, its
employees do not engage in or support severe forms of trafficking in persons,
procure commercial sex acts, or use forced labor. At a minimum, the Contractor shall–
(1)
Publish a statement notifying its employees of the United States
Government policy described in paragraph (b) of this clause and specifying the
actions that will be taken against employees for violations of this
policy. Such actions may include, but
are not limited to, removal from the contract, reduction in benefits,
termination of employment, or removal from the host country;
(2)
Establish an awareness program to inform employees regarding–
(i) The Contractor’s policy of ensuring that
employees do not engage in severe forms of trafficking in persons, procure
commercial sex acts, or use forced labor;
(ii)
The actions that will be taken against employees for violation of such
policy; and
(iii) Laws, regulations,
and directives that apply to conduct when performance of the contract is
outside the United States, including–
(A) All host country Government laws and
regulations relating to severe forms of trafficking in persons, procurement of
commercial sex acts, and use of forced labor;
(B) All United States laws and regulations on
severe forms of trafficking in persons, procurement of commercial sex acts, and
use of forced labor that may apply to its employees' conduct in the host
nation, including those laws for which jurisdiction is established by the
Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3261-3267) and 18
U.S.C. 3271, Trafficking in persons offenses committed by persons employed by
or accompanying the Federal Government outside the United States; and
(C) Directives on trafficking in persons from the
Combatant Commander, or the Combatant Commander’s designated representative,
that apply to contractor employees, such as general orders and military
listings of “off-limits” local establishments; and
(3) Provide all employees directly engaged in
performance of the contract with–
(i) Any necessary legal guidance and
interpretations regarding combating trafficking in persons policies, laws,
regulations, and directives applicable to performance in the host country; and
(ii) A copy of the statement required by paragraph
(d)(1) of this clause. If this contract
is for services (other than commercial), the Contractor shall obtain written
agreement from the employee that the employee shall abide by the terms of the
statement.
(e) Employee violations – notification and action.
The Contractor shall–
(1)
Inform the Contracting Officer immediately of any information it
receives from any source (including host country law enforcement) that alleges
a contractor or subcontractor employee has engaged in conduct that violates the
policy in paragraph (b) of this clause. Notification to the Contracting Officer does not alleviate the
Contractor’s responsibility to comply with applicable host nation laws;
(2) In accordance with its
own operating procedures and applicable policies, laws, regulations, and
directives, take appropriate action, up to and including removal from the host
nation or dismissal, against any of its employees who violate the policy in
paragraph (b) of this clause; and
(3)
Inform the Contracting Officer of any actions taken against employees pursuant to this clause.
(f) Remedies. In addition to other remedies available to
the Government, the Contractor’s failure to comply with the requirements of
paragraphs (c), (d), (e), or (g) of this clause may render the Contractor
subject to–
(1)
Required removal of a Contractor employee or employees from the
performance of the contract;
(2)
Required subcontractor termination;
(3)
Suspension of contract payments;
(4)
Loss of award fee,
consistent with the award fee plan, for
the performance period in which the Government determined Contractor
non-compliance;
(5)
Termination of the contract for default, in accordance with the
Termination clause of this contract; or
(6)
Suspension or debarment.
(g) Subcontracts.
(1)(i) The
Contractor shall include the substance of this clause, including this paragraph
(g), in all subcontracts performed outside the United States; and
(ii) If this contract is for services (other than
commercial), the Contractor shall include the substance of this clause,
including this paragraph (g), in all subcontracts performed in the
United States for the acquisition of services (other than commercial).
(2) If this contract
is a service or construction contract, the Contractor shall conduct periodic
reviews of its service and construction subcontractors to verify
compliance with their obligations pursuant to paragraph (d) of this clause.
(3)
The Contractor shall—
(i) Immediately inform the Contracting Officer of
any information it receives from any source (including host country law
enforcement) that alleges a subcontractor has engaged in conduct that violates
the policy in paragraph (b) of this clause.
Notification to the Contracting Officer
does not alleviate the Contractor’s responsibility to comply with applicable
host nation laws;
(ii)
Take appropriate action, including termination of the subcontract, when
the Contractor obtains sufficient evidence to determine that the subcontractor
is in non-compliance with its contractual obligations pursuant to this clause;
and
(iii) Inform the Contracting Officer of any actions taken against subcontractors pursuant to
this clause.
(End
of clause)