Office of Sponsored Projects: Combating Trafficking in Persons

SMITHSONIAN COMPLIANCE PLAN


All Smithsonian Institution (“Smithsonian”) grants or contracts that meet the following criteria (“Covered Agreements”) must comply with the Smithsonian’s Combating Trafficking in Persons Plan (“Plan”) stated herein:

  1. The grant includes anti-trafficking provisions set out in title 2 Code of Federal Regulations, Chapter 1, Part 175.5-175.25, Government-wide Guidance for Grants and Agreements, or the contract includes FAR 52.222-50, Combating Trafficking in Persons;
  2. The grant or contract is for supplies, other than commercially-available-off-the-shelf items, acquired outside the United states, or services to be performed outside the United States (“International Supplies or Services”); and
  3. The grant or contract has an estimated value that exceeds $500,000.    
  1. AWARENESS

Information regarding the U.S. Government’s anti-trafficking requirements is posted on the Office of Sponsored Projects (“OSP”) website. This information is accessible to principal investigators, all internal staff, external agents, subawardees, and suppliers. OSP or the Office of Contracting & Personal Property Management (“OCON”), as appropriate, will notify all employees involved with performing a Covered Agreement upon the execution of that Agreement regarding the U.S. Government’s anti-trafficking requirements, advise them of any regulatory updates, and request that they familiarize themselves with this Plan.

  1. RECRUITMENT AND WAGE REQUIREMENTS

The Smithsonian prohibits the use of any misleading or fraudulent recruitment practices during the recruitment of employees or offering of employment to employees. Consistent with this policy, the Office of Human Resources (“OHR”) ensures the following:

  1. Wages meet applicable host-country legal requirements;

  2. The Smithsonian will not destroy, conceal, confiscate or otherwise deny any employee access to his or her identity or immigration documents;

  3. The Smithsonian does not charge recruitment fees to prospective employees; 

  4. The Smithsonian only permits, with regard to overseas projects, Smithsonian staff or recruitment companies with trained agents to recruit for Smithsonian in-country employees, contractors or agents; 

  5. If an employment contract is required by law or contract, the Smithsonian will provide that contract in a language that the employee understands; and 

  6. The Smithsonian will provide or pay for the cost of return transportation upon the end of employment for an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a Covered Agreement for portions of the Covered Agreement performed outside the United States, as identified in the budget of the Covered Agreement.

  1. HOUSING REQUIREMENT 

The Smithsonian ensures that all housing provided to employees in overseas locations meets national country housing and safety standards.

  1. SUB-AWARDEE COMPLIANCE 

The Smithsonian, through OSP, incorporates the anti-trafficking provision from the Covered Agreement when the Covered Agreement is a grant, or FAR 52.222-50, Combating Trafficking in Persons when the Covered Agreement is a contract, into any subawards issued pursuant to a Covered Agreement. Subawardees subject to this provision must certify to the Smithsonian that they are in compliance with this clause prior to the receipt of their subaward, and annually thereafter.

  1. SUBCONTRACTOR AND SUPPLY CHAIN COMPLIANCE

The Smithsonian, through OCON, incorporates FAR 52.222-50, Combating Trafficking in Persons, into procurement contracts issued pursuant to a Covered Agreement. Subcontractors or vendors subject to this provision must certify to the Smithsonian that they are in compliance with this clause prior to the receipt of their subcontract or vendor agreement, and annually thereafter.

  1. REPORTING VIOLATIONS WITHIN SMITHSONIAN

The Smithsonian Office of the General Counsel (“OGC”) will respond to all reports of prohibited trafficking-related activity or violations of this Plan and take appropriate action, which may include contacting the Smithsonian Office of Inspector General (“OIG”) for investigation. Reports may be made to OGC by calling 202-633-5102 or emailing legalhelp@si.edu.

The Smithsonian strictly prohibits retaliation against any employee who reports prohibited trafficking-related activity or other violations of this Plan, or who cooperates with any internal or government investigations of such reports. Smithsonian personnel who engage in any form of retaliation against those who report prohibited trafficking-related activities or other violations of this this Plan are subject to disciplinary action, up to and including termination of employment with the Smithsonian.

Reports may also be made to the Smithsonian OIG by calling the OIG Hotline at 202-252-0321 –and/or- the Global Human Trafficking Hotline at 1-844-888-FREE or help@befree.org.

  1. REPORTING VIOLATIONS TO FUNDING AGENCY

The Smithsonian shall inform the funding agency Contracting or Grants Officer and the funding agency’s Inspector General immediately of:

  1. Any credible information it receives from any source (including host country law enforcement) that alleges a Smithsonian employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy set forth in FAR 52.222-50, Combating Trafficking in Persons; and
  2. In such instances, disclose any actions taken against a Smithsonian employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

If the allegation may be associated with more than one Covered Agreement, the Smithsonian shall inform the funding agency Contracting or Grants Officer for the award with the highest dollar value.

  1. FAILURE TO COMPLY  

    1. Employees. In addition to other remedies available to the Government, the failure of a Smithsonian employee to comply with this Plan may result in disciplinary action, up to and including the individual’s removal from the performance of the international project or his or her termination of employment.

    2. Subaward or Subcontract Recipients or Other External Agents. In addition to other remedies available to the Government, the failure by a subawardee or subcontractor to comply with the requirements of anti-trafficking terms in a subaward or subcontract may result in the Smithsonian taking any of the following non-exclusive list of actions:

      1. Requiring the subawardee or subcontractor to remove a Contractor employee or employees from the performance of the subcontract;

      2. Requiring the subawardee or subcontractor to terminate a downstream subcontract;

      3. Suspending contract payments until the subawardee or subcontractor has taken appropriate remedial action;

      4. Declining to exercise available options under the contract; or

      5. Terminating of the subaward or subcontract for default or cause, in accordance with the termination clause of the agreement or contract.

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