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Reporting Requirements and Procedures

Reporting Requirements and Procedures. Trafficking in Persons Reporting Requirements. FAR 52.222-50 Combating Trafficking in Persons* Contractors shall not engage in severe forms of trafficking in persons during the period of the contract

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Reporting Requirements and Procedures

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  1. Reporting Requirements and Procedures

  2. Trafficking in Persons Reporting Requirements • FAR 52.222-50 Combating Trafficking in Persons* • Contractors shall not engage in severe forms of trafficking in persons during the period of the contract • Procure commercial sex acts during the period of the performance of the contract • Use forced labor in the performance of the contract • Contractor Obligations under FAR • Inform employees of USG policy (set forth in FAR) and actions to be taken against employees who violate it • Take appropriate action for violations • Report to the Contracting Officer Immediately: • Any information obtained from ANY SOURCE that alleges that any employee, subcontractor, or subcontractor employee has violated this section • OIG requests concurrent notification • Parallel reporting requirements added to all existing and new cooperative agreements and grants

  3. FAR 52-203-13 – Reporting Requirements • “Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733)”.

  4. Initial Notification • Should be made to USAID OIG using online reporting form:

  5. 22 CFR 226 – Administration of Assistance Awards to US NGOs • 22 CFR 226.13 – Suspension and Debarment • 22 CFR 2226.21 – Standards for Financial Mgmt Systems • 22 CFR 226.42 – Codes of Conduct • 22 CFR 226.43 – Competition • 22 CFR 226.44 – Procurement Procedures • 22 CFR 226.46 – Procurement Records • 22 CFR 226.61 – Suspension and Termination

  6. 22 CFR 226 – Administration of Assistance Awards to US NGOs • 22 CFR 226.62 – Enforcement: • (a) Remedies for noncompliance. If a recipient materially fails to comply with the terms and conditions of an award, whether stated in a Federal statute, regulation, assurance, application, or notice of award, USAID may, in addition to imposing any of the special conditions outlined in §226.14, take one or more of the following actions, as appropriate in the circumstances. • (1) Temporarily withhold cash payments pending correction of the deficiency by the recipient or more severe enforcement action by USAID • (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. • (3) Wholly or partly suspend or terminate the current award. • (4) Withhold further awards for the project or program. • (5) Take other remedies that may be legally available.

  7. Notification Procedures • Initial Notification • Made as soon as possible using OIG online reporting form • If allegation relates to a contract or Trrafficking must also be reported to CO • Follow-up may be made to OIG in DC or at servicing RIG • OIG Review and Consultation • OIG will review the allegation and consult with implementer • Decision will be made how allegation will be handled • Do not interfere with investigation • Investigation by Implementing Partner • OIG and partner will reach agreement on period of time • Implementing partner responsible for investigating

  8. Details to Be Included in Implementer Report • Report including activities undertaken and results • Copies of any personnel actions taken • Copies of original documents substantiating allegations • Summary of: • Any potentially disallowable costs (per 22 CFR 226 or FAR) • Loss to USAID project as a result of inappropriate activity • Any amount to be credited or returned to USAID • Copy should be sent concurrently to USAID COPP unit at compliance@usaid.gov

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