1      Introduction

In accordance with the United States Federal Acquisition Regulation (FAR) 52-222.50, Precise Software Solutions, Inc. (Precise) has established this Anti-Human Trafficking Corporate Compliance Policy. The policy applies to any portion of a Precise Federal contract that:

1.     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

2.     Has an estimated value that exceeds $550,000.

Precise will maintain this policy for the duration of any performance of a contract and as appropriate for the:

1.     Size and complexity of the contract; and

2.     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 human trafficking.

Precise will provide this compliance plan to Contracting Officers upon request.

2      Policy

Precise has adopted this Anti-Human Trafficking Corporate Compliance Policy to ensure compliance with the following federal requirements.    

Federal contractors, contractor employees, and their agents shall not:

1.     Engage in trafficking in persons during the period of performance of the contract;

2.     Procure commercial sex acts during the period of performance of the contract;

3.     Use forced labor in the performance of the contract;

4.     Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee’s identity or immigration documents, such as passports or drivers' licenses, regardless of the issuing authority;

5.     Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose basic information, in a format and language understood by the employee or potential employee, or making material misrepresentations during the recruitment of employees regarding the:

·       Key terms and conditions of employment, including wages and fringe benefits

·       Location of work, the living conditions, and housing and associated costs (if employer or agent provided or arranged)

·       Any significant costs to be charged to the employee or potential employee

·       Hazardous nature of the work, if applicable

6.     Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;

7.     Charge employees or potential employees recruitment fees;

8.     a. Fail to provide return transportation or pay for the cost of return transportation upon the end of employment:

(i)      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 U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or

(ii)    For an employee who is not a United States national and who was brought                  into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that:

b.  The requirements of paragraphs (8)(a) of this clause shall not apply to     an employee who is:

(i)      Legally permitted to remain in the country of employment and who chooses to do so; or

(ii)    Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation.

c.     The requirements of paragraph (8)(a) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons.

(i)      The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.

(ii)    This paragraph does not apply when the exemptions at paragraph (8)(b) of this clause apply.

9.     Provide or arrange housing that fails to meet the host country housing and safety standards; or

10.  If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing.

1.     Such written work document shall be in a language the employee understands.

2.     If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating.

3.     The employee’s work document shall include, but is not limited to, details about:

·       Work description, wages, and prohibition on charging recruitment fees

·       Work location(s), living accommodations and associated costs

·       Time off, roundtrip transportation arrangements, and grievance process

·       Content of applicable laws and regulations that prohibit trafficking in persons

3      Notification

Precise will notify it employees and agents of this policy and that the United Sates Government has prohibited trafficking in persons. In addition, Precise will notify employees and agents of the actions that will be taken against them for violations of this policy. Such actions for:

·       Employees may include, but are not limited to, disciplinary action, removal from the contract, reduction in benefits, or termination of employment; and

·       Agents or subcontractors will be subject to removal from U.S. government contracts and/or subcontract termination.

In addition, Precise shall inform the Contracting Officer and the agency Inspector General immediately of:

1.     Any credible information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy (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 Contractor has credible evidence of fraud); and

2.     Any actions taken against a Contractor employee, subcontractor, subcontractor employee, or their agent pursuant to this clause.

If an allegation is associated with more than one contract, the Contractor shall inform the contracting officer for the contract with the highest dollar value.

4       Government Remedies 

In addition to other remedies available to the Government, the Contractor’s failure to comply with the requirements of this policy may result in:

1.     Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract;

2.     Requiring the Contractor to terminate a subcontract;

3.     Suspension of contract payments until the Contractor has taken appropriate remedial action;

4.     Loss of award fee, consistent with the award fee plan, for the performance period in which the Government determined Contractor non-compliance;

5.     Declining to exercise available options under the contract;

6.     Termination of the contract for default or cause, in accordance with the termination clause of this contract; or

7.     Suspension or debarment.

When determining remedies, the Contracting Officer may consider the following:

1.     Mitigating factors. The Contractor 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 Contractor failed to abate an alleged violation or enforce the requirements of a compliance plan, when directed by the Contracting Officer to do so.

5       Cooperation Activities

 Precise will, in full cooperation with the Contracting Officer;

1.     Disclose to the agency Inspector General information sufficient to identify the nature and extent of an offense and the individuals responsible for the conduct;

2.     Provide timely and complete responses to Government auditors' and investigators' requests for documents;

3.     Cooperate fully in providing reasonable access to its facilities and staff (both inside and outside the U.S.) to allow 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

4.     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 Government authorities.

The requirement for full cooperation does not foreclose any Precise rights arising in law, the FAR, or the terms of the contract. It does not require Precise as a contractor to:

1.     Waive its contractor attorney-client privilege or the protections afforded by the attorney work product doctrine;

2.     Require any officer, director, owner, employee, or agent of Precise, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; or

3.     Restrict conducting an internal investigation; or

4.     Restrict defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.