EarthSpark International Antitrafficking Compliance Plan
updated March 13, 2017
This document describes the program requirements and processes established and implemented by EarthSpark International Corp (hereafter referred to as ‘EarthSpark’) to comply with FAR 52.222-50, Combating Trafficking in Persons. The scope of the plan includes the operations and activities of EarthSpark as well as those subcontractors and agents in its supply chain performing on this contract.
This Plan is maintained by the Executive Management Team located at 1616 H St NW, Suite 900, Washington, DC 20006. The individual responsible for the plan implementation is listed below.
CONTRACTOR NAME: EarthSpark International Corp
ADDRESS: 1616 H St NW, Suite 900, Washington, DC 20006
DUNS NUMBER: 080526568
NAME AND CONTACT INFORMATION OF THE PERSON RESPONSIBLE FOR PLAN: Rachel McManus, [email protected]
CONTRACT NUMBER: 16-009-5-002
CONTRACT TITLE: “Scaling solar-powered smart grids in rural Haiti”
LOCATION OF PERFORMANCE: Haiti and Washington, DC
CONTRACT PERIOD OF PERFORMANCE: January 18th 2017-August 31st 2017
CONTRACTING AGENCY: ECODIT
CONTRACTING OFFICER: Liliana Campos Dudley
1. EARTHSPARK INTERNATIONAL HUMAN TRAFFICKING POLICY
EarthSpark strictly prohibits its employees and all subcontractors and agents from:
• 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.
2. EMPLOYEE AWARENESS PROGRAM
EarthSpark has developed and implemented an awareness program to inform all employees about the FAR’s prohibitions against trafficking-related activities described in FAR 52.222-50(b), the activities prohibited, and the actions that will be taken against the employee for violations. Those employees are trained on:
• the EarthSpark Human Trafficking Policy;
• consequences for violating EarthSpark policy;
• the violation reporting process, and
• a summary of the U.S. Government’s policy prohibiting trafficking related activities as contained
Employees should be trained both prior departure from their home countries and again upon arrival in the country where the work will be performed. They should also be provided with written materials that include all subjects covered in the training. Both the training and written materials are in a each employee’s own language. A verbal explanation of the contents is given upon request to individuals unable to read the printed information.
3. EMPLOYEE REPORTING/GRIEVANCE PROCESS
All employees of EarthSpark or its suppliers, subcontractors and agents are encouraged to report any activity or condition that may violate the EarthSpark Human Trafficking Policy or the requirements of FAR 52.222-50 confidentially and without retaliation, to the Executive Management Team via email or telephone. The reporting system is also available for employees to report any workplace concern or potential violation of the terms and conditions of their employment contracts. All reported concerns will be promptly investigated. Where employees disagree with the results, they may appeal the decision.
EarthSpark has also established a process to interview and protect from retaliation all employees suspected of being victims of or witnesses to alleged violations of the EarthSpark Human Trafficking Policy and FAR 52.222-50. This will be done prior to the employee returning to his or her country of origin if the employee is located outside their country of origin at the time of the incident being reported. Additionally, EarthSpark will not interfere with employees cooperating fully with government authorities.
Employees may also report their concerns directly to the Global Human Trafficking Hotline at 1-844-888-FREE or its email address at [email protected]. EarthSpark reporting process and the Global Human Trafficking hotline and email address have been made available to all employees in the Employee Awareness Program and via email.
RECRUITMENT AND WAGE PLAN
EarthSpark strictly prohibits misleading or fraudulent recruiting practices during the recruitment of both local and migrant employees. All labor recruiters working for or with EarthSpark and its suppliers and subcontractors have committed to provide complete and accurate information to all employees regarding the assignment they are being offered.
EarthSpark audits subcontractors and suppliers, including labor recruiters without advance notice, on a regular basis, and requires remediation of all identified nonconformities. Failure to properly address audit issues will have business consequences, up to and including termination and disbarment from future contracts. Any violations of FAR requirements could result in EarthSpark terminating the contract of a subcontractor or agent. Additionally, EarthSpark will report all identified violations of FAR 52.222-50 (b) and remedial action(s) taken, as well any credible information it receives from any source that alleges conduct in violation of FAR 52.222-50 (b) to the Contracting Officer.
All subcontractors to EarthSpark provide all employees with an employment contract/employment agreement in writing, containing a detailed description of the terms and conditions of their employment, where such contract is required by law or contract.
Contracts are written in a language that the employee understands and are provided to them for review and signature at least five days prior to departure from their country of origin.
Employment contracts contain the following:
EarthSpark necessitates providing migrant employees from with housing for the duration of the Contract. EarthSpark will ensure that housing units that comply with local housing and safety standards.
6. VIOLATION MONITORING, REPORTING AND REMEDIATION
EarthSpark has established a performance monitoring, detection, and remediation program to identify and address on an ongoing basis, any violations of the requirements of FAR 52.222-50(b) and the EarthSpark Human Trafficking Policy. In the event of the receipt of credible information alleging violation of FAR 52.222-50(b), EarthSpark will immediately:
• notify the Contracting Officer and the agency Inspector General of the specific nature of the activity, including specific remedial actions taken, and
• take appropriate corrective and preventive action, up to and including the dismissal of EarthSpark employees and termination of contracts with subcontractors, suppliers and agents.
All subcontractors of EarthSpark are required by contract to fully cooperate with EarthSpark staff, contracting agencies and other Federal agencies to conduct audits and investigations on compliance with the provisions of FAR 52.222-50(b), Combating Trafficking in Persons. Subcontractors and agents have also provided EarthSpark with copies of their Compliance Plans prepared in accordance with EarthSpark requirements and FAR 52.222-50(h).
EarthSpark requires its subcontractors and agents whose subcontracts are covered by 52.222-50(i)(A) and (B) to certify prior to subcontract award and annually thereafter that they have implemented compliance plans that comply with 52.222-50(h) and that, after having conducted due diligence, either (1) To the best of the subcontractor’s knowledge and belief, neither it nor any of its agents, subcontractors, or their agents, has engaged in any such activities; or (2) If abuses relating to any of the prohibited activities identified in 52.222–50(b) have been found, the subcontractor has taken the appropriate remedial and referral actions.
Additionally, all subcontractors have agreed to on-going monitoring and random auditing by EarthSpark or its agents for compliance with FAR 52.222-50 and the EarthSpark Human Trafficking Policy. Any credible indication of noncompliance will be investigated, reported and addressed accordingly.
Failure to comply with the requirements of the FAR 52.222-50 is grounds for EarthSpark to take any and all appropriate actions, up to and including immediate termination of that supplier’s contract with EarthSpark.
ANNUAL COMPLIANCE PLAN CERTIFICATION
EarthSpark International certifies the following:
• It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of the FAR clause 52.222-50 and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and
• To the best of our knowledge and belief, based on ongoing compliance activities, neither EarthSpark, nor any of its agents, subcontractors, or their agents, are engaged in prohibited trafficking-related activity as described in FAR 52.222-50(b). or
• if there are any reported or if any credible information of abuses received from any source alleging conduct that violates FAR 52.222-50(b), EarthSpark will take immediate and appropriate remedial action(s) in response to the abuse(s), up to and including termination of the employee, subcontractor, subcontractor employee, or their agent involved.
A copy of the Compliance Plan is posted on the EarthSpark Admin Dropbox folder and will be signed by all employees and subcontractors. If there are any identified noncompliances or credible evidence that alleges human trafficking-related activity, EarthSpark will ensure that the pertinent details are provided to the Contracting Officer for possible imposition of remedies and to the agency.
This document describes the program requirements and processes established and implemented by EarthSpark International Corp (hereafter referred to as ‘EarthSpark’) to comply with FAR 52.222-50, Combating Trafficking in Persons. The scope of the plan includes the operations and activities of EarthSpark as well as those subcontractors and agents in its supply chain performing on this contract.
This Plan is maintained by the Executive Management Team located at 1616 H St NW, Suite 900, Washington, DC 20006. The individual responsible for the plan implementation is listed below.
CONTRACTOR NAME: EarthSpark International Corp
ADDRESS: 1616 H St NW, Suite 900, Washington, DC 20006
DUNS NUMBER: 080526568
NAME AND CONTACT INFORMATION OF THE PERSON RESPONSIBLE FOR PLAN: Rachel McManus, [email protected]
CONTRACT NUMBER: 16-009-5-002
CONTRACT TITLE: “Scaling solar-powered smart grids in rural Haiti”
LOCATION OF PERFORMANCE: Haiti and Washington, DC
CONTRACT PERIOD OF PERFORMANCE: January 18th 2017-August 31st 2017
CONTRACTING AGENCY: ECODIT
CONTRACTING OFFICER: Liliana Campos Dudley
1. EARTHSPARK INTERNATIONAL HUMAN TRAFFICKING POLICY
EarthSpark strictly prohibits its employees and all subcontractors and agents from:
• 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.
2. EMPLOYEE AWARENESS PROGRAM
EarthSpark has developed and implemented an awareness program to inform all employees about the FAR’s prohibitions against trafficking-related activities described in FAR 52.222-50(b), the activities prohibited, and the actions that will be taken against the employee for violations. Those employees are trained on:
• the EarthSpark Human Trafficking Policy;
• consequences for violating EarthSpark policy;
• the violation reporting process, and
• a summary of the U.S. Government’s policy prohibiting trafficking related activities as contained
Employees should be trained both prior departure from their home countries and again upon arrival in the country where the work will be performed. They should also be provided with written materials that include all subjects covered in the training. Both the training and written materials are in a each employee’s own language. A verbal explanation of the contents is given upon request to individuals unable to read the printed information.
3. EMPLOYEE REPORTING/GRIEVANCE PROCESS
All employees of EarthSpark or its suppliers, subcontractors and agents are encouraged to report any activity or condition that may violate the EarthSpark Human Trafficking Policy or the requirements of FAR 52.222-50 confidentially and without retaliation, to the Executive Management Team via email or telephone. The reporting system is also available for employees to report any workplace concern or potential violation of the terms and conditions of their employment contracts. All reported concerns will be promptly investigated. Where employees disagree with the results, they may appeal the decision.
EarthSpark has also established a process to interview and protect from retaliation all employees suspected of being victims of or witnesses to alleged violations of the EarthSpark Human Trafficking Policy and FAR 52.222-50. This will be done prior to the employee returning to his or her country of origin if the employee is located outside their country of origin at the time of the incident being reported. Additionally, EarthSpark will not interfere with employees cooperating fully with government authorities.
Employees may also report their concerns directly to the Global Human Trafficking Hotline at 1-844-888-FREE or its email address at [email protected]. EarthSpark reporting process and the Global Human Trafficking hotline and email address have been made available to all employees in the Employee Awareness Program and via email.
RECRUITMENT AND WAGE PLAN
EarthSpark strictly prohibits misleading or fraudulent recruiting practices during the recruitment of both local and migrant employees. All labor recruiters working for or with EarthSpark and its suppliers and subcontractors have committed to provide complete and accurate information to all employees regarding the assignment they are being offered.
EarthSpark audits subcontractors and suppliers, including labor recruiters without advance notice, on a regular basis, and requires remediation of all identified nonconformities. Failure to properly address audit issues will have business consequences, up to and including termination and disbarment from future contracts. Any violations of FAR requirements could result in EarthSpark terminating the contract of a subcontractor or agent. Additionally, EarthSpark will report all identified violations of FAR 52.222-50 (b) and remedial action(s) taken, as well any credible information it receives from any source that alleges conduct in violation of FAR 52.222-50 (b) to the Contracting Officer.
All subcontractors to EarthSpark provide all employees with an employment contract/employment agreement in writing, containing a detailed description of the terms and conditions of their employment, where such contract is required by law or contract.
Contracts are written in a language that the employee understands and are provided to them for review and signature at least five days prior to departure from their country of origin.
Employment contracts contain the following:
- Detailed description of the work
- Wages (compliant with host country legal requirements or an explanation of any variance)
- Prohibition on charging recruitment fees to the employee
- Work location(s)
- Living accommodations and associated costs, if offered
- Time off
- Roundtrip transportation arrangements at no cost to employees
- Grievance process
- Content of applicable laws and regulations that prohibit trafficking in persons
- Employee’s full name
- Employee’s date of birth
- Employee’s passport number and work visa/permit number
- Employee emergency contact information
- Work start date and duration of contract
- Procedure for early contract termination without penalty, including notice period not to exceed one month (or less per applicable law)
- Contract renewal provisions
- Regular work hours and shifts
- Anticipated overtime hours with total working hours not to exceed 60 hours per week or local law, whichever is lower
- Estimated minimum net pay per month
- Method and frequency of wage payment
- Bonuses and conditions for earning them
- Allowances
- Full listing of any and all deductions, including specification of the type and amount of each deduction and which, if any, are optional (for example, meals, transportation, communications, or other services provided or offered by the supplier, subcontractor or agent).
- Description of additional benefits including medical insurance coverage, accident/injury insurance, holidays, annual leave, sick leave, and/or any other applicable benefits
- Description of repatriation process and specification of the costs to be borne by the supplier and the employee
- Any other terms required by applicable laws and regulations
- No terms restricting a employee’s rights to freedom of association and collective bargaining consistent with local law
EarthSpark necessitates providing migrant employees from with housing for the duration of the Contract. EarthSpark will ensure that housing units that comply with local housing and safety standards.
6. VIOLATION MONITORING, REPORTING AND REMEDIATION
EarthSpark has established a performance monitoring, detection, and remediation program to identify and address on an ongoing basis, any violations of the requirements of FAR 52.222-50(b) and the EarthSpark Human Trafficking Policy. In the event of the receipt of credible information alleging violation of FAR 52.222-50(b), EarthSpark will immediately:
• notify the Contracting Officer and the agency Inspector General of the specific nature of the activity, including specific remedial actions taken, and
• take appropriate corrective and preventive action, up to and including the dismissal of EarthSpark employees and termination of contracts with subcontractors, suppliers and agents.
All subcontractors of EarthSpark are required by contract to fully cooperate with EarthSpark staff, contracting agencies and other Federal agencies to conduct audits and investigations on compliance with the provisions of FAR 52.222-50(b), Combating Trafficking in Persons. Subcontractors and agents have also provided EarthSpark with copies of their Compliance Plans prepared in accordance with EarthSpark requirements and FAR 52.222-50(h).
EarthSpark requires its subcontractors and agents whose subcontracts are covered by 52.222-50(i)(A) and (B) to certify prior to subcontract award and annually thereafter that they have implemented compliance plans that comply with 52.222-50(h) and that, after having conducted due diligence, either (1) To the best of the subcontractor’s knowledge and belief, neither it nor any of its agents, subcontractors, or their agents, has engaged in any such activities; or (2) If abuses relating to any of the prohibited activities identified in 52.222–50(b) have been found, the subcontractor has taken the appropriate remedial and referral actions.
Additionally, all subcontractors have agreed to on-going monitoring and random auditing by EarthSpark or its agents for compliance with FAR 52.222-50 and the EarthSpark Human Trafficking Policy. Any credible indication of noncompliance will be investigated, reported and addressed accordingly.
Failure to comply with the requirements of the FAR 52.222-50 is grounds for EarthSpark to take any and all appropriate actions, up to and including immediate termination of that supplier’s contract with EarthSpark.
ANNUAL COMPLIANCE PLAN CERTIFICATION
EarthSpark International certifies the following:
• It has implemented a compliance plan to prevent any prohibited activities identified at paragraph (b) of the FAR clause 52.222-50 and to monitor, detect, and terminate any agent, subcontract or subcontractor employee engaging in prohibited activities; and
• To the best of our knowledge and belief, based on ongoing compliance activities, neither EarthSpark, nor any of its agents, subcontractors, or their agents, are engaged in prohibited trafficking-related activity as described in FAR 52.222-50(b). or
• if there are any reported or if any credible information of abuses received from any source alleging conduct that violates FAR 52.222-50(b), EarthSpark will take immediate and appropriate remedial action(s) in response to the abuse(s), up to and including termination of the employee, subcontractor, subcontractor employee, or their agent involved.
A copy of the Compliance Plan is posted on the EarthSpark Admin Dropbox folder and will be signed by all employees and subcontractors. If there are any identified noncompliances or credible evidence that alleges human trafficking-related activity, EarthSpark will ensure that the pertinent details are provided to the Contracting Officer for possible imposition of remedies and to the agency.