USAID Acquisition Regulation: Safeguarding Against Exploitation, Sexual Abuse, Child Abuse, and Child Neglect
| Published date | 28 February 2024 |
| Record Number | 2024-03848 |
| Citation | 89 FR 14612 |
| Court | Agency For International Development |
| Section | Proposed rules |
Federal Register, Volume 89 Issue 40 (Wednesday, February 28, 2024)
[Federal Register Volume 89, Number 40 (Wednesday, February 28, 2024)]
[Proposed Rules]
[Pages 14612-14617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03848]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
48 CFR Parts 722 and 752
RIN 0412-AA95
USAID Acquisition Regulation: Safeguarding Against Exploitation,
Sexual Abuse, Child Abuse, and Child Neglect
AGENCY: U.S. Agency for International Development.
ACTION: Proposed rule.
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SUMMARY: The U.S. Agency for International Development (USAID) seeks
public comment on a proposed rule revising the Agency for International
Development Acquisition Regulation (AIDAR) to incorporate new
requirements for Protection from Sexual Exploitation and Abuse (PSEA)
and update existing child safeguarding requirements. This proposed rule
strengthens protections for USAID's program participants, community
members, project staff, and other individuals in a position of
vulnerability, and aligns and consolidates new PSEA and updated child
safeguarding compliance and reporting requirements with existing
requirements for Counter Trafficking in Persons.
DATES: Comments must be received no later than April 29, 2024.
ADDRESSES: You may send comments, identified by your name, company name
(if any), and the Regulatory Information Number (RIN) 0412-AA95 for
this rulemaking, via the following method:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for sending comments.
Instructions: All submissions received must include the agency name
and RIN for this rulemaking. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided. We recommend that you do not submit information
that you consider Confidential Business Information (CBI) or any
information that is otherwise protected from disclosure by statute. If
your comment cannot be submitted using https://www.regulations.gov,
please email the point of contact in the FOR FURTHER INFORMATION
CONTACT section of this document for alternate instructions.
FOR FURTHER INFORMATION CONTACT: Nicole Thompson, 202-286-4696,
[email protected].
SUPPLEMENTARY INFORMATION:
A. Providing Accountability Through Transparency Act of 2023
The Providing Accountability Through Transparency Act of 2023 (5
U.S.C. 553(b)(4)) requires that a notice of proposed rulemaking include
``the internet address of a summary of not more than 100 words in
length of the proposed rule, in plain language, that shall be posted on
the internet website under section 206(d) of the E-Government Act of
2002 (44 U.S.C. 3501 note) (commonly known as regulations.gov).''
In summary, ``USAID proposes revisions to agency regulation to
incorporate new contract requirements strengthening protections for
program participants, community members, project staff, and other
individuals connected to USAID-funded programming. The revisions
consolidate Protection from Sexual Exploitation and Abuse and Child
Safeguarding requirements, aligning with existing Trafficking in
Persons requirements. Specifically, for applicable awards, contractors
will be required to: establish minimum standards for preventing and
responding to covered violations; develop and implement a compliance
plan; and report alleged violations and contractor actions taken in
response. These requirements will apply to all contracts, excluding
personal services contracts with individuals and most commercial
contracts.''
The proposal, including the summary provided herein, can be found
at https://www.regulations.gov under the docket number for this
proposed rule.
B. Request for Comments
USAID requests public comment on all aspects of this proposal,
including specific questions highlighted below or
[[Page 14613]]
outlined elsewhere in this document. USAID will only address
substantive comments on the rulemaking. USAID may not consider comments
that are insubstantial or outside the scope of the proposed rule.
Specific feedback is requested on the following:
When the Safeguarding Compliance Plan applies, how
contractors plan to address compliance with and associated costs of new
PSEA and child safeguarding requirements.
Concerns related to potential overlap/conflict between new
PSEA and child safeguarding requirements and contractors' existing
policies and practices.
Considerations related to applicability and the burden
related to U.S. small businesses and small foreign entities,
particularly in regards to the Compliance Plan threshold.
Anticipated contractor reporting challenges related to
safeguarding violations and suggested mitigation strategies.
C. Background
Exploitation, sexual abuse, child abuse, and child neglect cause
intolerable harm and threaten USAID's mission around the world.
Implementing appropriate safeguarding measures to prevent and address
violations--regardless of the method, manner, or medium in which the
behavior occurs or is facilitated-protects USAID program participants
(also referred to as beneficiaries in the proposed regulatory
language), community members, project staff, and other individuals in a
position of vulnerability, while improving development outcomes and
allowing for children and youth, in particular, to achieve their full
development potential. This includes measures to prevent and address
violations that occur in or are facilitated by digital technology (and/
or other as yet unknown methods or mediums) as well as the physical
world. Given rapid and continual advances in technology, USAID is using
intentionally broad and inclusive language in its proposed regulatory
text to ensure coverage of any and all alleged behaviors identified in
this rulemaking, whether physical in the real world, or a digital harm
depicted, produced, generated, or otherwise communicated.
Current Federal and Agency-Specific Protections. This proposed rule
builds on and strengthens the protections established in the
Trafficking Victims Protection Reauthorization Act of 2013 (implemented
at 48 CFR 22.17 and the associated clause at 48 CFR 52.222-50), the
Assistance for Orphans and Other Vulnerable Children in Developing
Countries Act of 2005 (Pub. L. 109-95), and the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief of 2005 (Pub. L. 109-13, codified at 22 U.S.C. 2370b). Further,
it is aligned with the whole of government Advancing Protection and
Care for Children in Adversity strategy, the National Strategy on
Gender Equity and Equality, the work of the White House Task Force to
Address Online Harassment and Abuse, and the Strategy on Women, Peace
and Security (WPS), along with USAID's Protection from Sexual
Exploitation and Abuse Policy, the updated USAID Youth in Development
Policy, and the USAID Counter-Trafficking in Persons Policy.
The proposed rule also aligns with the existing Trafficking in
Persons requirements (48 CFR (FAR) 52.222-50) and strengthens and
consolidates the USAID-specific award requirements that establish child
safeguarding standards at 48 CFR 752.7037 and standards of conduct
related to preventing sexual exploitation and abuse at 48 CFR 752.7013.
Rationale for Change. While the prohibitions currently outlined in
48 CFR (FAR) 52.222-50 cover some exploitative behavior, such as sex
and labor trafficking, the current requirements do not prohibit other
exploitative actions, sexual abuse, child abuse, and child neglect that
can occur during the period of performance of federally-funded
contracts performed outside the United States. This includes
prohibiting exploitation, sexual abuse, child abuse, and child neglect
of any individual or group, whether that is beneficiaries, local
community members, or contractor staff. The proposed rule will expand
current prohibitions to include these additional categories and expand
safeguarding requirements to cover all awards, other than those for
personal services with individuals and certain commercial items, unless
those contracts involve direct interaction with beneficiaries or
routine physical access to USAID space or logical access to USAID's
information systems. The proposed rule covers prohibited behaviors
regardless of the method, manner, or medium in which the behaviors
occur or are facilitated (e.g., whether through digital technology,
and/or other as yet unknown methods or mediums, or through physical-
world violence, exploitation, and abuse). This aligns with similar
existing provisions regarding prohibited behavior and alleged
violations such as trafficking in persons which do not specify the
methods, manner, or medium by which they may occur or be facilitated
by. As discussed above, the proposed rule covers all harms, whether
actual, attempted, or threatened, and is written with broad language to
intentionally account for methods, manners, and mediums of harm that
include real, depicted, produced, generated, or otherwise communicated
content.
The requirements in 48 CFR 752.7037 and 752.7013, cover additional
forms of child abuse and sexual violence. However, a consolidated AIDAR
clause is needed to establish comprehensive safeguards across all
applicable USAID contracts, to provide clarity to contractors on
safeguarding expectations and requirements, and to mandate the
reporting of credible information related to violations to USAID and
its Office of Inspector General. These requirements will work to
prevent exploitation and abuse, particularly of the most vulnerable
populations, and will hold individuals and organizations accountable
when violations do occur. It mirrors the existing requirements in 48
CFR 52.222-50 for Trafficking in Persons for further consistency.
Alignment with international protocols. The proposed safeguarding
rule not only strengthens existing protections but also aligns with
existing international standards and definitions. The Inter-Agency
Standing Committee (IASC), established pursuant to UN General Assembly
Resolution 46/182, sets forth six core principles relating to sexual
exploitation and abuse, which are reflected in standards of conduct
applicable across the UN. The IASC principles prohibit SEA, including
sexual activity with children under the age of 18, the exchange of
money or employment for sexual favors, and sexual relationships between
staff and beneficiaries, and require reporting of SEA concerns, along
with maintaining an environment that does not tolerate SEA. In
addition, Keeping Children Safe, a coalition of organizations operating
in the aid sector, establishes international standards around child
safeguarding to ensure children receive additional necessary
protections--through appropriate policies, procedures, personnel, and
accountability--when receiving development and humanitarian assistance
or interacting with members of the aid sector or its projects as
community members.
D. Proposed Changes to 48 CFR (AIDAR)
New and streamlined requirements. This proposed rule amends AIDAR
parts 722 and 752 to include new
[[Page 14614]]
safeguarding requirements applicable to all solicitations and
contracts, excluding personal services contracts with individuals and
commercial contracts, unless those contracts involve direct interaction
with beneficiaries or routine physical access to USAID space or logical
access to USAID's information systems. This proposed rule also amends
AIDAR part 752 to delete the Child safeguarding standards clause. The
new requirements also consolidate PSEA and child safeguarding
compliance and reporting with existing Trafficking in Persons
requirements. For consistency, the proposed rule aligns with the
requirements established in the Trafficking in Persons rule and uses
the same or substantially similar definitions (e.g., agent, employee,
exploitation, etc.), where available. These mandatory requirements
include measures to safeguard program participants, local communities,
contractor staff, and other individuals in vulnerable conditions from
harm regardless of the method, manner, or medium in which the harmful
behaviors occur or are facilitated (e.g., whether through digital
technology, and/or other as yet unknown methods or mediums, or through
physical-world violence, exploitation, and abuse), and regardless of
the place of performance of the contract by:
(1) Establishing minimum standards for contractors to prevent,
detect, address, and respond to exploitation, sexual abuse, child
abuse, and child neglect;
(2) Prohibiting exploitation, sexual abuse, child abuse, and child
neglect; and
(3) Requiring a survivor-centered and/or best interest of the child
approach in situations where a potential violation has occurred.
USAID is adding a new AIDAR section 722.70 titled Safeguarding
Against Exploitation, Sexual Abuse, Child Abuse, and Child Neglect to
implement these requirements. In furtherance of these requirements, the
new AIDAR clause 752.222-7x entitled Safeguarding Against Exploitation,
Sexual Abuse, Child Abuse, and Child Neglect requires that contractors:
(1) Have and implement publicly available standards, policies, or
procedures that prohibit employees, agents, interns, or any other
person provided access or contact with beneficiaries of foreign
assistance, from engaging in any exploitation, sexual abuse, child
abuse, and child neglect of any person during the period of
performance, supporting or advancing these actions, or intentionally
ignoring or failing to act upon allegations of these actions;
(2) For awards exceeding $550,000, develop, implement, and maintain
a compliance plan (either in conjunction with or separate from the
Trafficking in Persons Compliance Plan required under (48 CFR) FAR
clause 52.222-50, Combating Trafficking in Persons) that details risk
analysis and mitigation measures that will be implemented during the
period of performance of the contract to prevent and address
exploitation, sexual abuse, child abuse, and child neglect through a
compliance plan; and
(3) Report credible information that alleges employees, agents,
interns, or any other person provided access or contact with
beneficiaries, engaged in any exploitation, sexual abuse, child abuse,
and child neglect of any person during the period of performance,
supported or advanced these actions, or intentionally ignored or failed
to act upon allegations of these actions; and additional information on
any actions planned or taken in response to the allegation; and any
actions planned or taken to assess, address, or mitigate factors that
contributed to the incident.
Applicability. In order to maximize the effectiveness of enhanced
safeguarding protections and minimize harm, USAID proposes broad
applicability to all solicitations and contracts with exceptions only
for personal services contracts with individuals and commercial
contracts, except when such contracts involve direct interaction with
beneficiaries or routine physical access to USAID space or logical
access to USAID's information systems. The decision to exclude personal
services contracts with individuals and certain commercial contracts
was made to eliminate any additional administrative burden under awards
where limited to no opportunity for violations exists.
E. Regulatory Planning and Review
This proposed rule was drafted in accordance with Executive Order
(E.O.) 12866, as amended by E.O. 14094, and E.O. 13563. OMB has
determined that this rulemaking is not a ``significant regulatory
action,'' as defined in section 3(f) of E.O. 12866, as amended, and is
therefore not subject to review by OMB. This rulemaking is not a major
rule under 5 U.S.C. 804.
F. Regulatory Flexibility Act
USAID does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. USAID
has therefore not performed an Initial Regulatory Flexibility Analysis
(IRFA).
G. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies. The
proposed rule contains information collection requirements.
Accordingly, USAID has submitted a request for approval of a new
information collection requirement concerning this rulemaking to the
Office of Management and Budget.
The outlined information collection is an element of the proposed
rule that implements USAID's new requirements for reporting and
recordkeeping associated with violations and mitigation measures. The
proposed rule will incorporate a new subpart 722.70 Safeguarding
Against Exploitation, Sexual Abuse, Child Abuse, and Child Neglect, and
the corresponding clause of the same name into the AIDAR. This
rulemaking is intended to streamline reporting requirements for
contractors, subcontractors, and Agency staff across the Agency's
projects and operations.
1. Needs and Uses
The purpose of this collection is to enable USAID to respond to
allegations of exploitation, sexual abuse, child abuse, and child
neglect. Contractors will be required to report credible information
that alleges employees, agents, interns, or any other person provided
access or contact with beneficiaries, engaged any exploitation, sexual
abuse, child abuse, and child neglect of any person, supported or
advanced these actions, or intentionally ignored or failed to act upon
allegations of these actions; and additional information on any actions
planned or taken in response to the allegation; and any actions planned
or taken to assess, address, or mitigate factors that contributed to
the incident. Information submitted by contractors as part of this
collection will be presumed to be confidential. USAID takes the
protection of personally identifiable information (PII) seriously and
takes precautions to ensure the confidentiality and security of PII
consistent with USAID's Automated Directives System (ADS) chapter 508
and does not request PII in this information collection. Agency staff
must only share information on individual notifications on a need-to-
know basis and take steps to protect any sensitive information,
including redacting sensitive information and limiting access.
Information in the notification may include: award title and
number, organization name and subcontractor
[[Page 14615]]
name, if applicable, location of the project and the incident, the type
of allegation, the date of the incident and/or allegation, whether the
survivor is a program participant, member of the community, or staff,
and whether the perpetrator is a senior leader. It may also identify:
any actions taken or next steps to respond to the incident, resources
available or provided to the survivor, steps taken to ensure the safety
of the survivor(s) or whistleblower(s), the status of the
investigation, any established organizational procedures or framework,
interim measures or final measures taken or planned to address the
alleged perpetrator, and any protective measures or organizational
reforms, such as changes to applicable policies and procedures. The
notification should not include PII.
For awards exceeding $550,000, the contractor must develop,
implement, and maintain a compliance plan, either in conjunction with
or separate from the Trafficking in Persons Compliance Plan, that
details risk analysis and mitigation measures that will be implemented
during the period of performance of the contract to prevent and address
exploitation, sexual abuse, child abuse, and child neglect of any
person. The contractor's compliance plan must be appropriate to the
size and complexity of the award and to the nature and scope of the
activities, including the particular risks presented by the operating
context. The contractor must provide a copy of the compliance plan to
the Contracting Officer upon request.
2. Request for Comments Regarding Paperwork Burden
Submit comments, including suggestions for reducing this burden,
not later than April 29, 2024 using the method specified in the
ADDRESSES section above.
Public comments are particularly invited on: Whether this
collection of information is necessary to accomplish the purpose of
this rulemaking; whether our estimate of the public burden of this
collection of information is accurate and based on valid assumptions
and methodology; ways to enhance the quality, utility, and clarity of
the information to be collected; and ways in which we can minimize the
burden of the collection of information on those who are to respond.
Requesters may obtain a copy of the supporting statement by
contacting [email protected]. Please cite RIN 0412-AA95 in all
correspondence.
3. Annual Reporting Burden
Notifications
Respondents: 45.
Total Annual Responses: 90.
Total Burden Hours: 360.
Compliance Plan
Respondents: 20.
Recordkeepers: 166.
Total Annual Responses/Records: 186.
Total Burden Hours: 4,004 hours.
List of Subjects in 48 CFR Parts 722 and 752
Government procurement.
For the reasons discussed in the preamble, USAID proposes to amend
48 CFR chapter 7 as set forth below:
0
1. The authority citation for 48 CFR parts 722 and 752 continues to
read as follows:
Authority: Sec. 621, Pub. L. 87-195, 75 Stat. 445, (22 U.S.C.
2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3
CFR, 1979 Comp., p. 435.
PART 722--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION
0
2. Add subpart 722.70 to read as follows:
Subpart 722.70--Safeguarding Against Exploitation, Sexual Abuse,
Child Abuse, and Child Neglect
Sec.
722.7001 Scope.
722.7002 Applicability.
722.7003 Definitions.
722.7004 Policy.
722.7005 Contract clause.
Subchapter D Socioeconomic Programs
722.70 Safeguarding Against Exploitation, Sexual Abuse, Child Abuse,
And Child Neglect
722.7001 Scope.
This subpart prescribes policies and procedures that prohibit
exploitation, sexual abuse, child abuse, and child neglect, occurring
during the period of performance of USAID contracts.
722.7002 Applicability.
This subpart applies to contracts, except as specified in section
722.7005.
722.7003 Definitions.
As used in this subpart--
Definitions for the purposes of this clause.
Agent means any individual, including a director, an officer, an
employee, or an independent contractor, authorized to act on behalf of
an organization.
Child means a person younger than 18 years of age.
Child abuse means emotional, physical, sexual, or any other ill-
treatment carried out against a child by an adult.
Child neglect means a failure to provide for a child's basic needs
in the absence of the child's parent or guardian when the care of the
child is associated with a contract requirement.
Emotional child abuse or ill-treatment means injury to the
psychological capacity or emotional stability of the child caused by
acts, threats of acts, or coercive tactics.
Employee means an individual who is engaged in the performance of
this contract as a direct employee, consultant, or volunteer of the
contractor or any subcontractor.
Exploitation constitutes any actual or attempted abuse of a
position of vulnerability, differential power, or trust, including for
the purposes of profiting monetarily, socially, or politically. When
carried out for a sexual purpose this constitutes sexual exploitation.
Physical child abuse means acts or failures to act resulting in
injury (not necessarily visible), unnecessary or unjustified pain or
suffering without causing injury, harm, or risk of harm to a child's
health or welfare, or death.
Sexual abuse constitutes any actual or threatened physical
intrusion of a sexual nature towards another person whether by force or
under unequal or coercive conditions. When carried out against a child
by an adult, such conduct is considered sexual abuse even in the
absence of force or unequal or coercive conditions.
722.7004 Policy.
(a) USAID has adopted a policy prohibiting exploitation, sexual
abuse, child abuse, and child neglect, and takes a survivor-centered
approach and, when a child is involved, conducts a best interest of the
child determination to address such misconduct.
(b) Contractor must establish and implement a set of publicly
available standards, policies, or procedures to prevent, detect,
address, and respond to allegations of exploitation, sexual abuse,
child abuse, and child neglect of any person during the contract
performance by its employees, agents, visitors, interns, volunteers, or
any other person provided access or contact with beneficiaries of
foreign assistance by the contractor.
722.7005 Contract clause.
(a) The contracting officer must insert the clause at 752.222-7x,
Safeguarding Against Exploitation, Sexual Abuse,
[[Page 14616]]
Child Abuse, and Child Neglect, in solicitations and contracts except
for:
(1) Contracts for personal services with individuals; or
(2) Contracts for the acquisition of commercial products or
commercial services as defined in FAR 2.101, unless those contracts are
anticipated to:
(i) Provide supplies or services directly to the beneficiaries of
foreign assistance (e.g., technical assistance and training) in foreign
countries, or
(ii) Require routine physical access to USAID space or logical
access to USAID's information systems.
(b) [Reserved]
Subchapter H--Clauses and Forms
PART 752--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Add section 752.222-7x to read as follows:
752.222-7x Safeguarding against exploitation, sexual abuse, child
abuse, and child neglect
As prescribed in (48 CFR) AIDAR 722.7005, insert the following
clause:
SAFEGUARDING AGAINST EXPLOITATION, SEXUAL ABUSE, CHILD ABUSE, AND CHILD
NEGLECT. [DATE]
(a) Definitions. For the purposes of this clause.
Agent means any individual, including a director, an officer, an
employee, or an independent contractor, authorized to act on behalf of
an organization.
Child means a person younger than 18 years of age.
Child abuse means emotional, physical, sexual, or any other ill-
treatment carried out against a child by an adult.
Child neglect means a failure to provide for a child's basic needs
in the absence of the child's parent or guardian when the care of the
child is associated with a contract requirement.
Emotional child abuse or ill-treatment means injury to the
psychological capacity or emotional stability of the child caused by
acts, threats of acts, or coercive tactics.
Employee means an individual who is engaged in the performance of
this contract as a direct employee, consultant, or volunteer of the
contractor or any subcontractor.
Exploitation constitutes any actual or attempted abuse of a
position of vulnerability, differential power, or trust, including for
the purposes of profiting monetarily, socially, or politically. When
carried out for a sexual purpose this constitutes sexual exploitation.
Physical child abuse means acts or failures to act resulting in
injury (not necessarily visible), unnecessary or unjustified pain or
suffering without causing injury, harm, or risk of harm to a child's
health or welfare, or death.
Sexual abuse constitutes any actual or threatened physical
intrusion of a sexual nature towards another person whether by force or
under unequal or coercive conditions. When carried out against a child
by an adult, such conduct is considered sexual abuse even in the
absence of force or unequal or coercive conditions.
(b) Requirements. During contract performance, the Contractor must
have and implement a set of publicly available standards, policies, or
procedures to prevent, detect, address, and respond to allegations of
exploitation, sexual abuse, child abuse, and child neglect regardless
of the method, manner, or medium in which the behavior occurs or is
facilitated, including through digital technology (and/or other as yet
unknown methods or mediums). The Contractor's standards, policies, or
procedures must:
(1) Prohibit employees, agents, interns, or any other person
provided access or contact with beneficiaries of foreign assistance,
from engaging in any exploitation, sexual abuse, child abuse, and child
neglect of any person during the period of performance, supporting or
advancing these actions, or intentionally ignoring or failing to act
upon allegations of these actions;
(2) Be consistent with the Inter-Agency Standing Committee's Six
Core Principles Relating to Sexual Exploitation and Abuse, as amended,
available at https://psea.interagencystandingcommittee.org/update/iasc-six-core-principles and the Keeping Children Safe Standards, available
at https://www.keepingchildrensafe.global/accountability/;
(3) Require reporting of suspicions or concerns related to
violations of the prohibitions in paragraph (b)(1) of this clause to
the Contractor;
(4) Require a ``survivor-centered approach'' for responding to
alleged violations of the prohibitions. Such an approach must ensure
the survivor's dignity, experiences, considerations, needs, and
resiliencies are placed at the center of the process;
(5) When a child is involved, require a ``best interest of the
child determination'' for responding to alleged violations of the
prohibitions. This determination considers the best possible outcome
for a vulnerable child who has been exposed to violence, abuse,
exploitation or neglect;
(6) Include remedies for violations;
(7) Describe how the Contractor will monitor subcontractors,
employees, agents, interns, or any other person provided access or
contact with beneficiaries of foreign assistance;
(8) Detail the actions that may be taken against subcontractors,
employees, agents, interns, or any other person provided access or
contact under the award who commit exploitation, sexual abuse, child
abuse, and child neglect of any person or who fail to take reasonable
steps to prevent it; and;
(9) Provide transparency on hiring, screening, and employment
practices, including on rehiring or transfer and referencing for
subsequent employers.
(c) Compliance plan. For awards exceeding $550,000 that are for
supplies acquired or services performed outside the United States, the
Contractor must develop, implement, and maintain a compliance plan,
either in conjunction with or separate from the Trafficking in Persons
Compliance Plan required under (48 CFR) FAR clause 52.222-50, Combating
Trafficking in Persons, that details risk analysis and mitigation
measures that will be implemented during the period of performance of
the contract to prevent and address exploitation, sexual abuse, child
abuse, and child neglect of any person, consistent with the
requirements in paragraph (b) of this clause.
(1) The Contractor's compliance plan must be appropriate to the
size and complexity of the contract and to the nature and scope of the
activities, including the particular risks presented by the operating
context. The plan must include, at a minimum, the following:
(i) Reasonable measures to reduce the risk of exploitation, sexual
abuse, child abuse, and child neglect. Where implementation of projects
under this contract may involve children, this includes limiting
unsupervised interactions with children and complying with applicable
laws, regulations, or customs regarding harmful image-generating
activities of children;
(ii) An awareness program to inform employees, agents, interns, or
any other person provided access or contact with beneficiaries of
foreign assistance about the requirements of this clause, including the
activities prohibited, the action that will be taken in response to
violations, and the mechanism(s) for reporting allegations;
(iii) A description of how beneficiaries of foreign assistance and
local community members:
[[Page 14617]]
(A) Are made aware of the prohibited activities,
(B) May report allegations, and
(C) How paragraphs (c)(1)(iii)(A) and (B) of this clause are
carried out in an manner which is inclusive, culturally appropriate,
and sensitive to the context;
(iv) Safe, accessible, and publicly available reporting
mechanism(s) that may be integrated with any existing or similar such
mechanisms, for anyone to confidentially report exploitation, sexual
abuse, child abuse, and child neglect, with appropriate safeguards to
protect whistle-blowers and survivors, including express protection
against retaliation for reporting, and documented procedures for
protecting personally identifiable information (PII) from unauthorized
access and disclosure; and
(v) Appropriate measures to protect survivors of or witnesses to
activities prohibited in paragraph (b)(1) of this clause and not
prevent or hinder cooperating fully with Government authorities.
(2) The Contractor must provide a copy of the compliance plan to
the Contracting Officer upon request.
(d) Notification. (1) The Contractor must immediately inform, in
writing, the Bureau for Management, Office of Management Policy,
Budget, and Performance, Responsibility, Safeguarding and Compliance
Division (M/MPBP/RSC) at [email protected], with a copy to the
Contracting Officer, and USAID Office of Inspector General (OIG)
whenever the Contractor receives credible information from any source
that alleges the contractor, subcontractor, employee, agent, intern, or
any other person provided access or contact with beneficiaries of
foreign assistance has engaged in activities prohibited in paragraph
(b)(1) of this clause; and
(2) As soon as practicable, the Contractor must provide in writing,
as specified in paragraph (d)(1) of this clause:
(i) Additional information on any actions planned or taken in
response to the allegation; and
(ii) Any actions planned or taken to assess, address, or mitigate
factors that contributed to the incident.
(3) The Contracting Officer authorizes M/MPBP/RSC to correspond
with the Contractor for further information relating to the
notification.
(4) In providing any notifications under this subsection, the
Contractor should not share PII, unless specifically requested by the
Agency or USAID OIG.
(e) Remedies. In addition to other remedies available to the
Government, the Contractor's failure to comply with the requirements of
paragraph (b), (c) or (d) of this clause may also result in the Agency
initiating suspension or debarment proceedings.
(f) Subcontracts. (1) The Contractor must insert the terms of this
clause, including paragraph (f) of this clause, in all subcontracts,
except subcontracts for commercial products or commercial services as
defined at FAR 2.101, Definitions, unless the subcontracts are to
provide supplies or services directly to the beneficiaries of foreign
assistance (e.g., technical assistance and training) in foreign
countries;
(2) The clause must be inserted without alteration except to
require subcontractors to notify the prime contractor or next higher
tier subcontractor. The Contractor must forward such notifications as
required in paragraph (d) of this clause.
(End of clause)
Sec. 752.7037 [REMOVED AND RESERVED]
0
4. Remove and reserve section 752.7037
Jami J. Rodgers,
Chief Acquisition Officer.
[FR Doc. 2024-03848 Filed 2-27-24; 8:45 am]
BILLING CODE 6116-01-P
