Recruitment and Housing Plan.pdf

SBU - CONTRACTING AND ACQUISITIONS

CONTRACTOR FURNISHED HOUSING FOR WORKERS & RECUIRTMENT PLAN

FOR NON-PROFESSIONAL WOKRERS.

On contracts exceeding $150,000 where performance will require the recruitment of nonprofessional Third country nationals, the offeror is required to submit a Recruitment Plan as part of the proposal. Contractors providing employer furnished housing are required to submit a

Housing Plan.

Recruitment Plan

a. State the anticipated number of workers to be recruited, the skills they are expected to have, And the country or countries from which the Contractor intends to recruit them.

b. Explain how the Contractor intends to attract candidates and the recruitment strategy including the recruiter.

c. Provide sample recruitment agreement in English.

d. State in the offer that the recruited employee will not be charged recruitment or any similar fees. The Contractor or employer pays the recruitment fees for the worker if recruited by the

Contractor or subcontractor to work specifically on Department of State jobs.

e. State in the offer that the Contractor’s recruitment practices comply with recruiting nation and host country labor laws.

f. State in the offer that the Contractor has read and understands the requirements of FAR

52.222-50 Combating Trafficking in Persons.

g. Contractor and subcontractors shall only use bona fide licensed recruitment companies.

Recruitment companies shall only use bona fide employees and not independent agents.

h. Contractor will advise the Contracting Officer of any changes to the Recruitment Plan during performance.

Housing Plan

1. The Contractor will submit a Housing Plan if the Contractor intends to provide employer furnished housing for TCN s. The Housing Plan must describe the location and description of the proposed housing. Contractors must state in their plan that housing meets host country housing and safety standards and local codes or explain any variance.

2. Contractor shall comply with any Temporary Labor Camp standards contained in this contract. In contracts without a Temporary Labor Camp standard, fifty square feet is the minimum amount of space per person without a Contracting Officer waiver. Contractor shall submit proposed changes to their Housing Plan to the Contracting Officer for approval.

3. Contractor provided housing shall meet International Building Code or local code residential standards for multi-occupancy buildings.

4. Contractor provided housing shall provide security, peace and dignity, and at a minimum, meet the following measurable standards:

o 36 to 50 square feet of living space per employee;

o Running hot and cold water for sinks and showers;

o Electricity adequate for occupancy to ensure lighting and safe operation of appliances;

o Stoves and ovens with at one fully functioning burner for every eight occupants;

o Full size refrigerator with temperature appropriate for safely storing food;

o All appliances shall be kept fully functioning and shall be maintained according to the o manufacturer's maintenance schedule;

o Working toilets to accommodate the number of workers in the residence at a ratio of 1:8;

o Air conditioning during the summer months; air conditioning units shall be installed according o to the manufacturer's recommended space per air conditioning unit;

o Premises shall be kept clean and sanitary;

o Kitchen and work spaces shall be kept clean and in good condition;

o Premises shall be free of rodents and vermin;

o Premises shall have sufficient egress in case of fire;

o Workers shall have access to clean drinking water;

o All plumbing shall meet international building code or local building code and shall be leak o free and operating correctly;

o All roofing shall meet international building code or local building code and shall be leak free.

o No exposed copper or aluminum wiring.

The Department of State Contractor will treat employees with respect and dignity by taking the following actions:

a) Contractor may not destroy, conceal, confiscate, or otherwise deny access to an employee's identity documents or passports. Contractors are reminded of the prohibition contained in Title

18, United States Code, Section 1592, against knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document to prevent or restrict the person's liberty to move or travel in order to maintain the services of that person, when the person is or has been a victim of a severe form of trafficking in persons.

Contractor must be familiar with any local labor law restrictions on withholding employee identification documentation. Contractor shall provide a secure safe for storage of workers' passports and shall allow workers access to them at any time.

b) Contractor shall provide employees with signed copies of their employment contracts, in

English and the employee's native language, that define the terms of employment, compensation including salary, overtime rates, allowances, salary increases, job description, description of any employer provided housing, benefits including leave accrual, and information on whether hazardous working conditions are anticipated. These contracts must be provided prior to employee departure from their countries of origin. Contractors will provide workers with written information on relevant host country labor laws. Fraudulent recruiting practices, including deliberately misleading information, may be considered a material breach of this contract.

c) Contractor shall provide all employees with a "Know Your Rights" brochure and document that employees have been briefed on the contents of the brochure. The English language version is available at http://www.state.gov/j/tip or from the Contracting Officer.

d) The Contractor shall brief employees on the requirements of the FAR 52.222-50 Combating

Trafficking in Persons including the requirements against commercial sex even in Countries where it is legal and shall provide a copy of the briefing to the Contracting Officer

Representative (COR).

e) Contractor shall display posters in worker housing advising employees in English and the dominant language of the Third Country Nationals being housed of the requirement to report violations of Trafficking in Persons to the company and the company's obligation to report to the

Contracting Officer. The poster shall also indicate that reports can also be submitted to the Office of the Inspector General (OIG) Hotline at 202-647-3320 or 1-800-409-9926 or via email at

OIGHOTLINE@STATE.GOV.

f) Contractor shall comply with sending and receiving nation laws regarding transit, entry, exit, visas, and work permits. Contractors are responsible for repatriation of workers imported for contract performance except an employee legally permitted to remain in the country of work and who chooses to do so; or an employee who is a victim of trafficking seeking victim services or legal redress in the country of employment or a witness in a trafficking-related enforcement action.

g) Contractor will monitor subcontractor compliance at all tiers. This includes verification that subcontractors are aware of, and understand, the requirements of FAR 52.222-50 combating

Trafficking in Persons and this clause. Contractors specifically agree to allow U.S. Government personnel access to Contractor and subcontractor personnel, records, and housing for audit of compliance with the requirements of this clause.

h) The Contractor agrees to include this clause in all subcontracts over $150,000 involving recruitment of third country nationals for subcontractor performance.

On contracts for other than commercially available off the shelf items, Contractor will certify with the submission of their proposal and annually thereafter that the Contractor and subcontractors have a compliance plan in place appropriate to the size and nature of the program to prevent trafficking activities and to comply with the provisions of this clause.

The certification will confirm that, to the best of its knowledge and belief, neither the prime nor subcontractor have engaged in any trafficking related activities described in section 106(g) of the

Trafficking Victims Protection Act (TVPA) or the prohibitions of this clause.

Contracting Officer Representatives (CORs) shall evaluate Housing Plan compliance with random, at least semiannual inspections. Inspections shall be coordinated with Regional Security

Officers to ensure the safety of inspection personnel. Inspections should include a common sense mailto:OIGHOTLINE@STATE.GOV evaluation of living conditions taking into account local standards, contract requirements, and the

Contractor's Housing Plan. CORs may consider local government inspection and certification of housing if available, but final evaluation and determination of acceptability rests with the