Subpart 22.2
Convict Labor
FAR Subpart 22.2 prohibits the use of convict labor in government contracts except under specific legal exceptions, requiring contractors to comply with mandatory contract clauses.
Overview
FAR Subpart 22.2 addresses the use of convict labor in the performance of government contracts. It establishes the legal framework and requirements for contractors regarding the employment of individuals incarcerated in federal, state, or local institutions. The subpart ensures compliance with 18 U.S.C. 3621(e) and 40 U.S.C. chapter 31, which restrict the use of convict labor except under specific circumstances. The subpart also mandates the inclusion of a specific contract clause in most government contracts to inform and bind contractors to these requirements.
Key Rules
- General Prohibition and Exceptions
- Contractors are generally prohibited from employing convict labor in the performance of government contracts, except as permitted by law (e.g., work performed by convicts on parole, probation, or in work-release programs).
- Mandatory Contract Clause
- Contracting officers must include the clause at FAR 52.222-3, Convict Labor, in solicitations and contracts, except for those below the micro-purchase threshold or for commercial products/services.
Responsibilities
- Contracting Officers: Must ensure the appropriate clause is included in applicable contracts and monitor compliance.
- Contractors: Must not use convict labor unless allowed by law and must comply with the contract clause requirements.
- Agencies: Oversee enforcement and address violations as necessary.
Practical Implications
- This subpart exists to uphold federal law and ethical standards regarding labor practices in government contracting.
- Contractors must be vigilant about their labor sources and subcontractors to avoid violations.
- Common pitfalls include failing to flow down the clause to subcontractors or misunderstanding the exceptions to the prohibition.