FAR 22.1705—Solicitation provision and contract clause.
Plain-English Summary
FAR 22.1705 tells contracting officers when to include the anti-trafficking solicitation provision and contract clause, and when to use the clause’s overseas alternate. It covers two separate requirements: the mandatory insertion of FAR 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts, and the conditional insertion of FAR 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, in certain solicitations. It also explains when Alternate I to FAR 52.222-50 must be used for work performed outside the United States if the contracting officer has been notified of specific U.S. directives or notices that restrict contractor employees from certain local establishments. In practice, this section ensures trafficking-related compliance terms are built into the solicitation and contract from the start, so offerors know the government’s expectations and contractors are bound to follow them during performance. It is especially important for overseas contracts and higher-value non-COTS acquisitions, where the government wants both a contractual prohibition on trafficking and, in some cases, a pre-award certification that the contractor has a compliance plan.
Key Rules
Insert anti-trafficking clause always
The contracting officer must insert FAR 52.222-50, Combating Trafficking in Persons, in all solicitations and contracts. This is a universal requirement and is not limited by dollar value, place of performance, or contract type.
Use overseas alternate when notified
If the contract will be performed outside the United States and the contracting officer has been notified of specific U.S. directives or notices that apply to contractor employees at the place of performance, the officer must use FAR 52.222-50 with Alternate I. The alternate is intended to address local restrictions such as general orders or military off-limits listings.
Add certification provision for certain solicitations
The contracting officer must insert FAR 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan, in solicitations when it is possible that at least $700,000 of the contract value may be performed outside the United States and the acquisition is not entirely for commercially available off-the-shelf items.
Dollar threshold is performance-based
The $700,000 trigger is based on the amount that may be performed outside the United States, not necessarily the total contract value. If that overseas performance threshold may be met, the provision is required unless the acquisition is entirely for COTS items.
COTS-only acquisitions are excluded
The certification provision is not required when the acquisition is entirely for commercially available off-the-shelf items. If the acquisition includes any non-COTS portion, the provision may still be required if the overseas performance threshold is possible.
Responsibilities
Contracting Officer
Insert FAR 52.222-50 in every solicitation and contract, select Alternate I when the contract will be performed outside the United States and applicable U.S. directives or notices have been identified, and include FAR 52.222-56 in solicitations when the $700,000 overseas-performance threshold may be reached and the acquisition is not entirely for COTS items.
Offeror/Contractor
Review the solicitation and contract terms for trafficking-related requirements, certify compliance when the solicitation includes FAR 52.222-56, and ensure performance practices comply with the anti-trafficking clause and any applicable overseas restrictions or notices.
Agency/Program Officials
Provide the contracting officer with relevant information about the place of performance and any known U.S. directives, general orders, or off-limits notices that affect contractor employees overseas so the correct clause alternate can be used.
Practical Implications
This section is a front-end compliance checkpoint: if the wrong clause or provision is omitted, the solicitation may be defective and the resulting contract may not fully capture trafficking-related obligations.
Overseas acquisitions require extra attention because the contracting officer must know whether any specific local restrictions or military notices apply; missing that information can lead to using the wrong version of the clause.
The $700,000 test for FAR 52.222-56 is easy to misapply because it depends on possible overseas performance, not just the total contract amount or where the majority of work will occur.
COTS-only buys are exempt from the certification provision, but not from the mandatory anti-trafficking clause, so contractors should not assume a COTS acquisition has no trafficking-related terms.
Contractors should treat these requirements as substantive compliance obligations, not just paperwork, because the clause and certification can affect proposal preparation, internal controls, and performance oversight.
Official Regulatory Text
(a) (1) Insert the clause at 52.222-50 , Combating Trafficking in Persons, in all solicitations and contracts. (2) Use the clause with its Alternate I when the contract will be performed outside the United States (as defined at 22.1702 ) and the contracting officer has been notified of specific U.S. directives or notices regarding combating trafficking in persons (such as general orders or military listings of "off-limits" local establishments) that apply to contractor employees at the contract place of performance. (b) Insert the provision at 52.222-56 , Certification Regarding Trafficking in Persons Compliance Plan, in solicitations if (1) It is possible that at least $700,000 of the value of the contract may be performed outside the United States; and (2) The acquisition is not entirely for commercially available off-the-shelf items.