2010-2011

WPI Implementation of Federal Award Term Covering Trafficking in Persons

Worcester Polytechnic Institute (WPI) is committed to complying with the requirements of federal, state and other terms and conditions of awards that it receives from sponsors of research and other activities. Learn more...

Worcester Polytechnic Institute (WPI) is committed to complying with the requirements of federal, state and other terms and conditions of awards that it receives from sponsors of research and other activities.  One of the more recent federal award terms that is now a requirement in all federal awards is the implementation of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended.  This regulation is codified at 2 CFR Part 175 (grants and cooperative agreements) and in Federal Acquisition Regulation (FAR) clause 52.222-50 (contracts).

As the recipient of federal funds under grants, cooperative agreements, and contracts, WPI, through its employees and subrecipient/subcontract organizations, may not:

     (1) Engage in severe forms of trafficking in persons during the period of performance of the contract;

     (2) Procure commercial sex acts during the period of performance of the contract; or

     (3) Use forced labor in the performance of the contract.

The implementation of this award term requires that WPI:

     (1) Notify its employees of—

          (i) The United States Government’s zero tolerance policy described in paragraph (b) of this clause; and

          (ii) 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, or termination of employment; and

     (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause.

Compliance with this award terms requires that WPI provide notification to federal sponsors of:

     (1) Any information it receives from any source (including host country law enforcement) that alleges a recipient/contractor employee, subrecipient/subcontractor, or subrecipient/subcontractor employee has engaged in conduct that violates this policy; and

     (2) Any actions taken against recipient/contractor employees, subrecipients/subcontractors, or subrecipient/subcontractor employees pursuant to this clause.

Federal sponsors may unilaterally terminate an award if WPI or a subrecipient/subcontractor is determined to have violated one of the above prohibitions or has an employee who has violated one of the above prohibitions.  In addition, under contracting actions, a federal sponsor may:

     (1) Require removal of a contractor employee or employees from the performance of the contract;

     (2) Require subcontractor termination;

     (3) Suspend contract payments;

     (4) Cancel an award fee (applicable to for-profit subcontractors), consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

     (5) Terminate the contract for default or cause, in accordance with the termination clause of this contract; or

     (6) Suspend or debar WPI or its subcontractor(s).

For purposes of clarity, the following definitions apply:

1. “Employee” means either:

     i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or

     ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

2. “Forced labor” means labor obtained by any of the following methods: 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.

3. “Private entity”:

     i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.

     ii. Includes:

          A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).

          B. A for-profit organization.

4. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).

Questions regarding WPI’s implementation of either 2 CFR Part 175 (grants and cooperative agreements) or Federal Acquisition Regulation (FAR) clause 52.222-50 (contracts) should be addressed to the Office of Research Administration at extension 5359 or via e-mail at resadm@wpi.edu.

 Further information regarding this award term is available at:

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a983c1b75e403170ecfef4206bb0c212&rgn=div5&view=text&node=2:1.1.1.2.2&idno=2 (grants and cooperative agreements)

http://www.acquisition.gov/far/current/html/52_222.html#wp1151848 (contracts)

July 22, 2010

 
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