FAR 22.1704—Violations and remedies.
Plain-English Summary
FAR 22.1704 explains what counts as a trafficking-in-persons violation on a federal contract and what the government must do when it receives credible information or an Inspector General report. It covers four violation triggers: severe forms of trafficking in persons, procuring a commercial sex act, using forced labor, and failing to comply with the mandatory Combating Trafficking in Persons clause at 52.222-50. It also sets out the contracting officer’s immediate notification duties, the option to direct corrective action, the agency’s obligation to route Inspector General findings into an administrative process, and the authority of the suspending and debarring official to use suspension or debarment procedures. Finally, it requires entry of substantiated violations into FAPIIS and directs the contracting officer to consider the remedies in the clause, while weighing mitigating and aggravating factors. In practice, this section is the enforcement backbone for the government’s anti-trafficking policy: it tells agencies how to respond to allegations, how to document confirmed violations, and how to decide whether to impose contract remedies, suspension, or debarment.
Key Rules
Four violation triggers
A violation exists if the contractor, its employees, subcontractors, their employees, or agents engage in severe trafficking, procure a commercial sex act, use forced labor, or fail to comply with the requirements of the 52.222-50 clause during contract performance. The rule applies broadly across the contractor’s performance chain, not just to the prime contractor’s direct acts.
Credible information requires action
When the contracting officer receives credible information about one of the listed violations, the officer must promptly notify the agency Inspector General, the debarring and suspending official, and, when appropriate, law enforcement. The contracting officer may also direct the contractor to take specific steps to stop the conduct or enforce its compliance plan.
Inspector General report process
If the agency Inspector General issues a report supporting the allegations, the agency head must ensure the contracting officer gets a copy and must delegate the matter to an authorized official for an expedited administrative proceeding. The contractor must be given an opportunity to respond, and a final determination must be made on whether the allegations are substantiated.
Suspension and debarment remain available
The suspending and debarring official may use suspension or debarment procedures at any time before or after the final administrative determination if appropriate. This authority exists independently of the administrative proceeding and may be exercised based on the circumstances and the factors in this section.
Substantiated violations must be recorded
After a final determination that a trafficking violation is substantiated, the contracting officer must enter the violation in FAPIIS. This creates an official record that can affect future responsibility determinations and source selection decisions.
Contract remedies must be considered
The contracting officer must consider the remedies listed in paragraph (e) of the 52.222-50 clause, and those remedies are in addition to any other government remedies. The section does not require a single fixed penalty; it requires a reasoned remedy decision based on the facts.
Mitigating and aggravating factors matter
In choosing remedies, the contracting officer may consider mitigation such as having a compliance plan or awareness program, being in compliance with that plan, and taking appropriate remedial action, including victim reparation. Aggravation includes failing to abate the violation or enforce the compliance plan when directed to do so.
Responsibilities
Contracting Officer
Promptly act on credible information by notifying the Inspector General, debarring and suspending official, and appropriate law enforcement. The contracting officer may direct corrective steps, must consider clause remedies after a substantiated finding, and must enter the violation in FAPIIS.
Agency Head / Executive Agency
Ensure the contracting officer receives the Inspector General report and delegate responsibility for an expedited administrative proceeding to an authorized official. The agency must support the process that leads to a final determination on the allegations.
Authorized Agency Official
Conduct the administrative proceeding expeditiously, give the contractor an opportunity to respond, make the final determination on whether the allegations are substantiated, and notify the contracting officer of the outcome.
Inspector General
Investigate alleged trafficking violations and issue reports that may support or not support the allegations. The report is the trigger for the formal administrative process described in this section.
Suspending and Debarring Official
Evaluate whether suspension, proposed debarment, or debarment is appropriate at any point before or after the final determination, considering the factors in this section and the broader suspension and debarment rules.
Contractor
Avoid trafficking-related conduct, comply with the 52.222-50 clause, maintain and follow any compliance plan, respond to administrative proceedings, and take corrective action when directed by the contracting officer.
Contractor Employees, Subcontractors, Subcontractor Employees, and Agents
Refrain from severe trafficking, commercial sex acts, and forced labor during contract performance. Their conduct can create a violation attributable to the contract performance chain.
Practical Implications
This section gives contracting officers a mandatory response path: credible allegations cannot be ignored, and substantiated findings must be documented and considered for remedies. Contractors should expect rapid escalation once an allegation reaches the agency IG or debarring official.
The rule reaches beyond the prime contractor’s direct actions, so subcontractor and agent misconduct can create serious contract consequences. Prime contractors need active oversight of subcontractors, labor brokers, recruiters, and other agents.
A written compliance plan is not enough by itself; the contractor must actually follow it. Failure to enforce the plan when directed is an aggravating factor and can make remedies more severe.
Because substantiated violations go into FAPIIS, the consequences can extend to future awards and responsibility determinations. Contractors should treat any trafficking allegation as both an immediate compliance issue and a long-term reputational and eligibility risk.
The section leaves room for judgment on remedies, so documentation matters. Contractors that can show prompt remediation, victim reparation, and effective internal controls are in a better position than those that cannot demonstrate meaningful corrective action.
Official Regulatory Text
(a) Violations. It is a violation of the Trafficking Victims Protection Act of 2000, as amended, ( 22 U.S.C. chapter 78 ), E.O. 13627, or the policies of this subpart if— (1) The contractor, contractor employee, subcontractor, subcontractor employee, or agent engages in severe forms of trafficking in persons during the period of performance of the contract; (2) The contractor, contractor employee, subcontractor, subcontractor employee, or agent procures a commercial sex act during the period of performance of the contract; (3) The contractor, contractor employee, subcontractor, subcontractor employee, or agent uses forced labor in the performance of the contract; or (4) The contractor fails to comply with the requirements of the clause at 52.222-50 , Combating Trafficking in Persons. (b) Credible information. Upon receipt of credible information regarding a violation listed in paragraph (a) of this section, the contracting officer—- (1) Shall promptly notify, in accordance with agency procedures, the agency Inspector General, the agency debarring and suspending official, and if appropriate, law enforcement officials with jurisdiction over the alleged offense; and (2) May direct the contractor to take specific steps to abate the alleged violation or enforce the requirements of its compliance plan. (c) Receipt of agency Inspector General report. (1) The head of an executive agency shall ensure that the contracting officer is provided a copy of the agency Inspector General report of an investigation of a violation of the trafficking in persons prohibitions in 22.1703 (a) and 52.222-50 (b). (2) (i) Upon receipt of a report from the agency Inspector General that provides support for the allegations, the head of the executive agency, in accordance with agency procedures, shall delegate to an authorized agency official, such as the agency suspending and debarring official, the responsibility to- (A) Expeditiously conduct an administrative proceeding, allowing the contractor the opportunity to respond to the report; (B) Make a final determination as to whether the allegations are substantiated; and (C) Notify the contracting officer of the determination. (ii) Whether or not the official authorized to conduct the administrative proceeding is the suspending and debarring official, the suspending and debarring official has the authority, at any time before or after the final determination as to whether the allegations are substantiated, to use the suspension and debarment procedures in subpart 9.4 to suspend, propose for debarment, or debar the contractor, if appropriate, also considering the factors at 22.1704 (d)(2). (d) Remedies. After a final determination in accordance with paragraph (c)(2)(ii) of this section that the allegations of a trafficking in persons violation are substantiated, the contracting officer shall— (1) Enter the violation in FAPIIS (see 42.1503 (h)); and (2) Consider taking any of the remedies specified in paragraph (e) of the clause at 52.222-50 , Combating Trafficking in Persons. These remedies are in addition to any other remedies available to the United States Government. When determining the appropriate remedies, the contracting officer may consider the following factors: (i) Mitigating factors. The contractor had a Trafficking in Persons compliance plan or awareness program at the time of the violation, was in compliance with the plan at the time of the violation, and has taken appropriate remedial actions for the violations, that may include reparation to victims for such violations. (ii) Aggravating factors. The contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by a contracting officer to do so.