Re: FAR 52.222-50, Combating Trafficking in Persons in NASA contracts Bloomberg, Robert 14 Jun 2007 10:14 EST
Since the clause does not apply to R&D agreements, there would be no need for JPL to incorporate it into their standard R&D flowdowns. -----Original Message----- From: Research Administration List [mailto:xxxxxx@hrinet.org]On Behalf Of Barbara O'Malley Sent: Thursday, June 14, 2007 11:09 AM To: xxxxxx@hrinet.org Subject: [RESADM-L] FAR 52.222-50, Combating Trafficking in Persons in NASA contracts Carol, I noticed that JPL did not flow down this clause in their "Fixed Price Research and Development" contract terms or their "Cost reimbursement without fee for Educational Institutions" subcontracts. http://acquisition.jpl.nasa.gov/pdf/gp/Fixed-PriceResearch&DevelopmentContract12-04.pdf http://acquisition.jpl.nasa.gov/pdf/gp/Cost-ReimbursementwithoutFeewithEducationalInstitution12-04.pdf I was hoping to use JPL as the basis for asking a NASA contract officer at Goddard to remove or modify the clause. When I spoke to Brian Williams in JPL Acquisition, and a University Subcontracts Administrator, this was his reply.....what do you make of it? B. O'Malley Barbara L. O'Malley Senior Contract Administrator Office of Research Administration & Advancement University of Maryland-College Park 3112 Lee Building College Park, MD 20742-5141 Phone: 301-405-6276 Fax: 301-314-9569 >>> Brian Williams <xxxxxx@jpl.nasa.gov> 05/31/07 4:15 PM >>> Hi Barbara I researched the above mentioned clause and as you stated is not in our General Provisions (GPs). Although our GP's are based on the FAR, JPL's GP's do not contain every clause thats in the FAR. Therefore, since this clause is not in our GP's we are not incorporating it into our subcontracts at this time. This is not to say it won't be added at a future date, but as of now we are not incorporating it. I hope this helps. Let me know if you need any more information. Thanks Brian >>> "xxxxxx@COGR.EDU" <xxxxxx@hrinet.org> 06/04/07 11:55 AM >>> ...... Unfortunately, the FAR Trafficking clause is a statutory requirement. PL 109-164, Trafficking Victims Protection Reauthorization Act of 2005 [Title II, Sec 201. (b)] by removing limitations in PL 108-193 [Trafficking Victims Reauthorization Act of 2003, Sec. 3 (b)] extended the requirements from the prior limitation to activities conducted abroad to ALL grants, contracts, or cooperative agreements awarded by the federal agencies. Thus, the FAR (and DFAR) clauses. We written, argued, pleaded, etc., that the FAR goes well beyond the statutory requirement and anticipate changes in the FAR. We've urged the Grants Policy Committee not to follow the FAR example (COGR's letters are available online at www.cogr.edu <http://www.cogr.edu/> ). And as for the logic of the language of the FAR - Robert, I can't defend it. A contract is issued for the acquisition of supplies and/or services including R&D; commercial services are defined at FAR 2.101 "Commercial item" as something sold competitively in substantial quantities in the commercial marketplace...etc." Carol ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ====================================================================== ====================================================================== Instructions on how to use the RESADM-L Mailing List, including subscription information and a web-searchable archive, are available via our web site at http://www.hrinet.org (click on "Listserv Lists") ======================================================================