FAR 22.1701—Applicability.
Plain-English Summary
FAR 22.1701 explains when the subpart on human trafficking-related requirements applies and, more specifically, when the certification and compliance plan requirement in 22.1703(c) is triggered. The section establishes a broad baseline rule that the subpart applies to all acquisitions, meaning contracting personnel must consider the subpart whenever they are planning or administering a federal procurement. It then narrows the certification/compliance plan requirement to only certain portions of a contract or subcontract: those involving supplies other than COTS items to be acquired outside the United States, or services to be performed outside the United States, and only when the estimated value of that portion exceeds $700,000. In practice, this means the applicability analysis is not limited to the total contract value; it requires looking at the specific work or supply portion and where that work or acquisition will occur. The section is important because it determines when contractors must provide a certification and compliance plan, which in turn affects solicitation preparation, proposal review, subcontract flowdown, and contract administration. It helps agencies focus compliance obligations on higher-risk overseas work while avoiding unnecessary requirements for domestic or low-value portions of an acquisition.
Key Rules
Subpart applies broadly
This subpart applies to all acquisitions. Contracting officers and contractors must therefore treat the subpart as potentially relevant in every procurement, even if the certification requirement ultimately does not apply.
Certification plan is limited
The certification and compliance plan requirement in 22.1703(c) applies only to qualifying portions of a contract or subcontract, not automatically to the entire instrument. Applicability depends on the nature, location, and value of the covered portion.
Overseas supplies and services
The requirement applies to supplies, other than COTS items, that are to be acquired outside the United States, and to services to be performed outside the United States. Domestic performance or acquisition does not trigger this specific requirement.
COTS items excluded
Commercially available off-the-shelf items are excluded from the supplies category for this trigger. Even if a COTS item is acquired outside the United States, it does not fall within this particular certification-plan requirement.
Value threshold applies
The covered portion must have an estimated value exceeding $700,000. If the relevant portion is at or below that threshold, the certification and compliance plan requirement in 22.1703(c) does not apply.
Portion-by-portion analysis
Applicability is determined by the specific portion of the contract or subcontract that meets the location, item-type, and value criteria. Parties must separate covered and noncovered portions rather than relying only on the overall contract value.
Responsibilities
Contracting Officer
Determine whether the acquisition includes any portion that meets the overseas, non-COTS, and value criteria; include the certification and compliance plan requirement when applicable; and ensure the solicitation and contract clearly identify the covered portion and related compliance obligations.
Contractor
Review the contract or subcontract to identify whether any portion triggers the certification and compliance plan requirement; provide the required certification and plan when applicable; and ensure subcontractors are informed of any applicable flowdown obligations for covered overseas work.
Subcontractor
Assess whether the subcontracted portion involves supplies other than COTS items acquired outside the United States or services performed outside the United States and, if so, comply with the certification and compliance plan requirement when the value threshold is exceeded.
Agency
Apply the subpart across acquisitions, support contracting officers in identifying covered overseas work, and ensure acquisition planning and oversight processes account for the limited but mandatory applicability of the certification requirement.
Practical Implications
The key day-to-day task is to identify whether any part of the work is overseas and whether that part is for non-COTS supplies or services, because the trigger is not based on the whole contract alone.
A common mistake is assuming the certification and compliance plan applies to every contract over $700,000; in reality, the rule is narrower and depends on the specific covered portion.
Another pitfall is overlooking subcontracts or mixed contracts with both domestic and overseas work; only the qualifying overseas portion matters for this requirement, but that portion still must be evaluated carefully.
Contracting officers should document the applicability determination early in acquisition planning so the solicitation, evaluation, and award documents align with the requirement if it applies.
Contractors should map the statement of work and supply chain to identify overseas performance or acquisition points, since failure to recognize a covered portion can lead to noncompliance and award delays.
Official Regulatory Text
(a) This subpart applies to all acquisitions. (b) The requirement at 22.1703 (c) for a certification and compliance plan applies only to any portion of a contract or subcontract that- (1) Is for supplies, other than commercially available off-the-shelf (COTS) items, to be acquired outside the United States, or services to be performed outside the United States; and (2) Has an estimated value that exceeds $700,000.