Responsible business conduct

Responsible business conduct, or RBC, includes promoting workers’ rights and safe working conditions, preventing human trafficking, and addressing other human rights-related risks. As the largest purchaser in the world, the U.S. Government has the potential to raise RBC standards globally by incorporating human rights into federal procurement processes. This module provides a framework for how best practices and resources for responsible business conduct can be incorporated within procurements. It is especially important for contracts with a higher risk for adverse impacts on human rights — risk factors discussed below: 

• FAR Part 22 — Application of Labor Laws to Government Acquisitions sets forth general policies regarding contractor labor relations and prescribes contracting policy and procedures and contract clauses for implementing pertinent labor laws.
• FAR Subpart 22.15 — Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor sets forth regulatory guidance for the identification of products that the Departments of Labor, Treasury, and State have a reasonable basis to believe might have been mined, produced, or manufactured by forced or indentured child labor. See Federal Register Notice “Federal Acquisition Regulation; Prohibition of Acquisition of Products Produced by Forced or Indentured Child Labor”. The U.S. Department of State’s Fact Sheet “Strengthening Protections Against Trafficking in Persons in Public Procurement” provides additional guidance.
• FAR Subpart 22.17 — Combating Trafficking in Persons sets forth regulatory guidance to implement the improved safeguards called for by Title XVII of the NDAA for FY 2013, Ending Trafficking in Government Contracting, and Executive Order 13627, Strengthening Protections Against Trafficking In Persons In Federal Contracts. These safeguards include:
  • A number of express prohibitions on certain types of trafficking related activities (for example, prohibition on charging employees recruitment fees; destroying, concealing, confiscating or otherwise denying access to identity or immigration documents)
  • Risk management practices (for example, an employee awareness program, a recruitment and wage plan, a housing plan)

See Federal Register Notice “Federal Acquisition Regulation; Ending Trafficking in Persons”. Office of Management and Budget Memorandum M-20-01 of 21 October 2019, Anti-Trafficking Risk Management Best Practices & Mitigation Considerations provides additional guidance.

On procurements that entail sourcing products and services from a foreign country, we recommend reviewing the below steps for practices to promote responsible business conduct.