Common use of Violations and Remedies Clause in Contracts

Violations and Remedies. If an AO receives credible information from any source that the recipient, subrecipient, contractor; or any agent of the recipient, subrecipient, or contractor, is engaged in prohibited activities related to trafficking in persons (as defined by the mandatory standard provision on trafficking in persons), the AO must immediately notify both the Office of the Inspector General (OIG) and the Suspending and Debarring Official (SDO). The AO must also consult with the Labor Compliance Advisor at xxx@xxxxx.xxx. The AO may also direct the recipient to take specific steps to xxxxx an alleged violation or enforce the requirements of the recipient’s compliance plan. If necessary, the OIG will conduct an investigation of the alleged offense. Upon receipt of an IG report that provides support for the allegations, M/OAA will identify an agency official who will be responsible for expeditiously conducting an administrative proceeding, allowing the recipient an opportunity to respond to the report. After the proceeding, the authorized agency official will make a final determination as to whether the allegations are substantiated and will notify the AO and the Director, M/OAA. The AO, in consultation with the Director, M/OAA, will consider taking one or more of the following remedial actions: 1. Requiring the recipient to remove an employee from the performance of work under the award; 2. Requiring the recipient to terminate a contract or a subaward; 3. Suspending payments under the award until such a time as the recipient of the award has taken appropriate remedial action; 4. Terminating the award, in accordance with 2 CFR 200 and 2 CFR 700 for 5. Referring the matter to the SDO.

Violations and Remedies. If an AO receives credible information from any source that the recipient, subrecipient, contractor; or any agent of the recipient, subrecipient, or contractor, is engaged in prohibited activities related to trafficking in persons (as defined by the mandatory standard provision on trafficking in persons), the AO must immediately notify both the Office of the Inspector General (OIG) and the Suspending and Debarring Official (SDO). The AO must also consult with the Labor Compliance Advisor at xxx@xxxxx.xxx. The AO may also direct the recipient to take specific steps to xxxxx an alleged violation or enforce the requirements of the recipient’s compliance plan. If necessary, the OIG will conduct an investigation of the alleged offense. Upon receipt of an IG OIG report that provides support for the allegations, M/OAA will identify an agency official who will be responsible for expeditiously conducting an administrative proceeding, allowing the recipient an opportunity to respond to the report. After the proceeding, the authorized agency official will make a final determination as to whether the allegations are substantiated and will notify the AO and the Director, M/OAA. The AO, in consultation with the Director, M/OAA, will consider taking one or more of the following remedial actions: 1. Requiring the recipient to remove an employee from the performance of work under the award; 2. Requiring the recipient to terminate a contract or a subaward; 3. Suspending payments under the award until such a time as the recipient of the award has taken appropriate remedial action;action;‌‌ 4. Terminating the award, in accordance with 2 CFR 200 and 2 CFR 700 forfor U.S. Organizations, or the Award Termination and Suspension Standard Provision for Non-U.S. Organizations; and/or 5. Referring the matter to the SDO. The AO and the Director, M/OAA may consider whether the recipient had a compliance plan in place, and whether the recipient was in compliance with that plan at the time of the violation as mitigating factors in determining which remedies, if any, should apply. The AO and Director, M/OAA may consider the failure of the recipient to stop an alleged violation or enforce the requirements of the compliance plan when directed by the AO as an aggravating factor in determining which remedies, if any, should apply.