Combating Trafficking in Persons Supplier Code of Conduct (Pakistan)

Statement of Policy

Continuity Global Solutions (CGS) shall adopt the language of FAR 48-252.222.50 and will require its subcontractors, subcontractor employees, joint venture partners, and major vendors with transactions or expected transactions in excess of $500,000.00 USD or more within a determined contract period to comply with the regulation in order to combat the trafficking in persons.

(a) DEFINITIONS.  As used in this policy:

Coercion means –

  1. Threats of serious harm to or physical restraint against any person;
  2. Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
  3. The abuse or threatened abuse of the legal process.

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Commercially available off-the-shelf (COTS) item means –

1. Any item of supply (including construction material) that is –

  • A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
  • Sold in substantial quantities in the commercial marketplace; and
  • Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and

2. Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.

Debt bondage means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Employee means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance. Forced Labor means knowingly providing or obtaining the labor or services of a person –

  1. By threats of serious harm to, or physical restraint against, that person or another person;
  2. By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
  3. By means of the abuse or threatened abuse of law or the legal process.

Human Trafficking is defined as the act of recruiting, harboring, transporting, providing, or obtaining a person for labor, services, or commercial sex acts by means of force, fraud, or coercion for the purpose of exploitation, involuntary servitude, peonage, debt bondage, slavery, or any commercial sex act involving a minor.  This is sometimes also referred to as “trafficking in persons”.

Human Smuggling is defined as the facilitation, transportation, attempted transportation, or illegal entry of a person or persons across an international border in violation of one of more countries’ laws either clandestinely or through deception, such as the use of fraudulent documents. Involuntary servitude includes a condition of servitude induced by means of –

  1. Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
  2. The abuse or threatened abuse of the legal process.

Severe forms of trafficking in persons means –

  1. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
  2. 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.

Sex trafficking means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) POLICY.  CGS along with the U.S. Government has adopted a policy prohibiting trafficking in persons also referred to as “human trafficking” including the trafficking-related activities of this clause. Subcontractors, subcontractor employees, joint venture partners, and major vendors heretofore identified as “AGENT” with transactions or expected transactions in excess of $500,000.00 USD within the contract period of performance shall not permit –

  • Engaging in severe forms of trafficking in persons
  • Procuring commercial sex acts
  • Using trafficked labor
  • Destroying, concealing, confiscating, or otherwise denying an employee access to the employee’s identity or immigration documents, such as passports or drivers’ licenses, regardless of issuing authority
  • Using misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language accessible to the employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee, and, if applicable, the hazardous nature of the work
  • Using recruiters that do not comply with local labor laws of the country in which the recruiting takes place
  • Charging employees recruitment fees (as defined by the FAR)
  • Failing to pay return transportation costs upon the end of employment, for certain employees who are not nationals of the country in which the work is taking place (with some exceptions as specified under FAR 52.222.50(b)(7)
  • Providing or arranging housing that fails to meet the host country housing and safety standards; and
  • If required by law or contract, failing to provide an employment contract, recruitment agreement, or other legally required work document in writing in a language the employee understands, containing a detailed description of the terms and conditions of employment, at least five days before an employee relocates to perform work

(c) AGENT requirements. The AGENT shall –

1. Notify its employees and agents of –

  • The United States Government’s policy prohibiting trafficking in persons, described in paragraph (b) of this clause; and
  • The actions that will be taken against employees or agents for violations of this policy. Such actions for employees 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, agents, or subcontractors that violate the policy in paragraph (b) of this clause.

(d) NOTIFICATION. 

1. The AGENT shall inform CGS Human Rights Officer and CGS Senior Management immediately of –

  • Any credible information it receives from any source (including host country law enforcement) that alleges an AGENT or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the AGENT has credible evidence of fraud); and
  • Any actions taken against an AGENT or their agent pursuant to this clause.

2. If the allegation may be associated with more than one contract, the AGENT shall inform the CGS senior most Operations Manager up to the Director of Operations level.

(e) REMEDIES. In addition to other remedies available to CGS and the Government, the AGENT’s failure to comply with the requirements of paragraphs (c), (d), (g), (h), or (i) of this clause may result in –

  1. Requiring the AGENT to remove an AGENT employee or employees from the
  2. performance of the contract;
  3. Requiring the AGENT to terminate a subcontract;
  4. Suspension of AGENT payments until the AGENT has taken appropriate remedial action;
  5. Loss of award fee, consistent with the award fee plan, for the performance period in which CGS or the Government determined AGENT non-compliance.
  6. Declining to exercise available options under the contract.
  7. Termination of the contract for default or cause, in accordance with the termination clause of this contract; or
  8. Suspension or debarment.

(f) MITIGATING AND AGGRAVATING FACTORS. When determining remedies, CGS or the Contracting Officer may consider the following:

  1. Mitigating factors. The AGENT had a Trafficking in Persons compliance plan or an awareness program at the time of the violation, was in compliance with the plan, and has taken appropriate remedial actions for the violation, that may include reparation to victims for such violations.
  2. Aggravating factors. The AGENT failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the senior most Operations Manager up to the Director of Operations level to do so.

(g) FULL COOPERATION. 

1. The AGENT shall, at a minimum –

  • Disclose to CGS senior most VP Security and Operations up to the Senior VP of Operations level information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct.
  • Provide timely and complete responses to CGS and Government auditors’ and investigators’ requests for documents.
  • Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow CGS, contracting agencies, and other responsible Federal agencies to conduct audits, investigations, or other actions to ascertain compliance with the Trafficking Victims Protection Act of 2000 (22 U.S.C. chapter 78), E.O. 13627, or any other applicable law or regulation establishing restrictions on trafficking in persons, the procurement of commercial sex acts, or the use of forced labor; and
  • Protect all employees suspected of being victims of or witnesses to prohibited activities, prior to returning to the country from which the employee was recruited and shall not prevent or hinder the ability of these employees from cooperating fully with CGS and Government authorities.

2. The requirement for full cooperation does not foreclose any AGENT rights arising in law, the FAR, or the terms of the contract. It does not –

  • Require the AGENT to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine.
  • Require any officer, director, owner, employee, or agent of the AGENT, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or
  • Restrict the AGENT from –

(A) Conducting an internal investigation; or
(B) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

(h) COMPLIANCE PLAN. 

1. This paragraph (h) applies to any portion of the contract that –

  • 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; and
  • Has an estimated value that exceeds $500,000.00 USD.

2. The AGENT shall maintain a compliance plan during the performance of the contract that is appropriate –

3. Minimum requirements. The compliance plan must include, at a minimum, the following:

  • To the size and complexity of the contract; please see information provided below.
  • To the nature and scope of the activities to be performed for the Government, including the number of non-United States citizens expected to be employed and the risk that the contract or subcontract will involve services or supplies susceptible to trafficking in persons. Under the current contract the contractor utilizes non-US citizens. Total number of non-US citizens employed on this contract is 1,987 personnel.

Type of Contract: Firm Fixed Price
Contract No#: 19AQMM18C0203
Period of Performance: 1 January 2019 through 31 December 2024
Work locations: Pakistan
Services provided: Security Guard Services
Equipment Procured: Vehicles, Radios, Uniforms, Weapons, and Guard Electronic Monitoring System.

  • The contractor nor subcontractor currently utilizes any Third-Party Nationals on the contract.

(i) An awareness program to inform AGENT employees about the Government’s policy prohibiting trafficking-related activities described in paragraph (b) of this clause, the activities prohibited, and the actions that will be taken against the employee for violations. Additional information about Trafficking in Persons and examples of awareness programs can be found at the Web site for the Department of State’s Office to Monitor and Combat Trafficking in Persons at http://www.state.gov/j/tip/. The Awareness Training is provided to all personnel during the Basic Guard Training as well as Annual Refresher Training.
(ii) A process for employees to report, without fear of retaliation, activity inconsistent with the policy prohibiting trafficking in persons, including a means to make available to all employees the hotline phone number of the Global Human Trafficking Hotline at 1-844888-FREE and its email address at help@befree.org or via www.state.gov/j/tip. The National Human Trafficking Resource Center can be reached at 1-888-373-7888, SMS:233733 (Text “HELP” or “INFO”) which is available 24 hours a day, 7 days a week available in English, Spanish, and 200 more languages. For more information on human trafficking and what can be done to stop it, please visit the resource website for trafficking prevention www.traffickingresourcecenter.org.
(iii) A recruitment and wage plan that only permits the use of recruitment companies with trained employees, prohibits charging recruitment fees to the employee, and ensures that wages meet applicable host-country legal requirements or explains any variance
(iv) A housing plan, if the AGENT or its subcontractor intends to provide or arrange housing that ensures that the housing meets host-country housing and safety standards. The contractor does not provide housing to its employees and has no subcontractors.
(v) Procedures to prevent agents and subcontractors at any tier and at any dollar value from engaging in trafficking in persons (including activities in paragraph (b) of this clause) and to monitor, detect, and terminate any agents, subcontracts, or subcontractor employees that have engaged in such activities.

4. Posting

  • The AGENT shall post the relevant contents of the compliance plan, no later than the initiation of contract performance, at the workplace (unless the work is to be performed in the field or not in a fixed location) and on the Contractor’s Web site (if one is maintained). If posting at the workplace or on the Web site is impracticable, the Contractor shall provide the relevant contents of the compliance plan to each worker in writing.
  • The AGENT shall provide the compliance plan to the CGS upon request.

5. Certification. Annually after receiving an award, the AGENT shall submit a certification to CGS that—

  • It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of this clause and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and
  • After having conducted due diligence, either—

(A) To the best of the AGENT’s knowledge and belief, neither it nor any of its agents, subcontractors, or their agents is engaged in any such activities; or
(B) If abuses relating to any of the prohibited activities identified in paragraph (b) of this clause have been found, the AGENT or subcontractor has taken the appropriate remedial and referral actions.

(i) SUBCONTRACTS. 

1. The AGENT shall include the substance of this clause, including this paragraph (i), in all subcontracts and in all contracts with agents. The requirements in paragraph (h) of this clause apply only to any portion of the subcontract that—

(A) 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; and
(B) Has an estimated value that exceeds $500,000.00 USD.

2. If any subcontractor is required by this clause to submit a certification, the AGENT shall require submission prior to the award of the subcontract and annually thereafter. The certification shall cover the items in paragraph (h)(5) of this clause.

If there are any identified non-compliances or credible evidence that alleges human trafficking-related activity noticed by Company personnel, the Company will ensure that the pertinent details are provided to the Contracting Officer for possible imposition of remedies and to the agency.  Its subcontractors, subcontractor employees, joint venture partners, and major vendors where applicable to above compliance requirements are to report to the Company any know violations the applicable FAR clauses to be transmitted to the Contracting Officer again for possible imposition of remedies and to the agency.

Conclusion

Continuity has developed this policy in an effort to ensure that all of its employees and associate personnel can work in an environment free from mistreatment and that any company associated with the contract where applicable upholds the say standards. Continuity is committed to eliminating any mistreatment, violations, and illegal behavior in the workplace.