WA State Department of Commerce 12/8/2016

ATTACHMENT F Page 2 of 3 3. Use of forced labor in the performance of the award or any subgrant under the award; 4. Acts that directly support or advance trafficking in persons, including acts such as: a. Denying an employee access to the employee's own identity or immigration documents (including by destroying or confiscating such documents); b. Without legally-sufficient justification as determined by Commerce, failing to provide (or pay for) return transportation to an employee to the country from which the employee was recruited (if other than the United States), if the employee requests such return transportation upon the end of employment; C. Using materially false or fraudulent pretenses, representations, or promises regarding the employment to solicit a person for employment, or in an offer of employment; d. Charging recruited employees unreasonable placement or recruitment fees, such as fees equal to or greater than the employee's monthly salary, or recruitment fees that violate the laws of the country from which an employee is recruited; or e. Providing or arranging housing that fails to meet the host country (e.g., the United States) housing and safety standards. B.Commerce as the awarding agency may unilaterally terminate this award, without penalty, if the department's director, or his designee, determines that a subgrantee under this award that is a private entity: 1. Violated a prohibition in section B.1 of this award condition; or 2. Has an employee who violated a prohibition in section B.1 of this award condition through conduct that is either. a. Associated with performance under this award; or b. Imputed to the subgrantee using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to Agencies on Government-wide Debarment and Suspension (Non-procurement)," as implemented by DOJ at 2 C.F.R. Part 2867. 1 Section C. Provisions applicable to any grantee A. The Grantee must inform Commerce promptly, and without delay, of any information the Grantee receives from any source alleging a violation of a prohibition in section Al or B.1 of this award condition. B. Commerce's authority to terminate this award unilaterally (without penalty), described in section A.2 and B.2 of this award condition: 1. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), (22 U.S.C. 7104(g)), and 2. Is in addition to any and all other remedies for noncompliance that are available to Commerce with respect to this award, whether under the TVPA (see, e.g., 22 U.S.C. 7104b) or other applicable law. C. The Grantee must include and incorporate all applicable provisions of this award condition in any subgrant the Grantee makes to a private entity.