Carol,
The following is verbatim from the FAR:
22.1701 Applicability.
This subpart applies to acquisitions of all services except for commercial services under Part 12.
That seems pretty clear to me. If NSF is interpreting it to apply to all contracts except commercial service contracts, then the Englaish language makes no sense any more.
-----Original Message-----
From: Research Administration List [mailto:xxxxxx@hrinet.org]On Behalf
Of Carol Blum
Sent: Monday, June 04, 2007 10:21 AM
To: xxxxxx@hrinet.org
Subject: Re: [RESADM-L] FAR 52.222-50, Combating Trafficking in Persons
in NASA contracts
Unfortunately, Robert, that isn't true and it's what makes the clause so
onerous. The FAR clause applies to all contracts except commercial
service contracts. Some universities have been successful with NIH
getting the contracting officer to affirm, in writing, that the
provisions of the clause ONLY apply to employees directly engaged in the
project (it limits the scope and the tasks of education, written
attestations, etc.). This approach relies on the ambiguity in the
definition of employee that's embedded inside the FAR clause. This
request for interpretation should be accompanied by a request for a
pledge to modify the requirement when the final FAR clause is issued.
That pledge to modify is equally important to get in writing to ensure
that any changes (and limitations in scope and requirements) are
reflected in current contracts.
Carol
-----Original Message-----
From: Research Administration List [mailto:xxxxxx@hrinet.org] On
Behalf Of Bloomberg, Robert
Sent: Monday, June 04, 2007 9:50 AM
To: xxxxxx@hrinet.org
Subject: Re: [RESADM-L] FAR 52.222-50, Combating Trafficking in Persons
in NASA contracts
The clause only applies to SERVICES contracts, not to R&D, which, as a
University, I presume you are doing. Also, the Govt calling it a
service contract does not per se make it one.
-----Original Message-----
From: Research Administration List [mailto:xxxxxx@hrinet.org]On Behalf
Of Monique Anderson
Sent: Sunday, June 03, 2007 10:40 PM
To: xxxxxx@hrinet.org
Subject: [RESADM-L] FAR 52.222-50, Combating Trafficking in Persons in
NASA contracts
Colleagues -
The University of Maryland is working on negotiating a NASA contract and
we have met terrific resistance on modifications to the subject FAR
clause, 52.222-50 Combating Trafficking in Persons, either deletion in
its entirety, or deviations (ONR, NIH, any other agencies so far?).
Have any of you run into this clause in NASA contracts and successfully
negotiated it out? Successfully included a deviation? If so, which
NASA center was it and what was the outcome?
Many thanks for your assistance.
Monique
Monique Anderson
Assistant Director
Office of Research Administration and Advancement
University of Maryland
College Park, MD 20742
(301) 405-6272 phone
(301) 314-9569 fax
xxxxxx@umresearch.umd.edu
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