22.201 General
Source: FAR 22.201 on acquisition.gov
Contractors may employ certain categories of convict labor on federal contracts only if strict conditions are met to prevent exploitation and unfair competition, and proper certifications are obtained.
Overview
FAR 22.201 outlines the general principles and requirements regarding the use of convict labor in government contracts, as established by Executive Order 11755 and its amendments. The regulation emphasizes the importance of developing occupational and educational skills for prison inmates while preventing the exploitation of convict labor and avoiding unfair competition with free labor. It specifies the categories of individuals who may be employed under federal contracts, including persons on parole, probation, pardoned individuals, federal prisoners, and certain nonfederal prisoners, provided strict conditions are met. These conditions include voluntary participation, union consultation, non-displacement of existing workers, fair wages, and certification by the Attorney General that local work-release laws comply with federal standards. The Department of Justice, through the Bureau of Justice Assistance, is responsible for certifying and revoking such work-release programs.
Key Rules
- Permissible Employment of Convict Labor
- Contractors may employ certain categories of individuals with criminal backgrounds, including federal and some nonfederal prisoners, under specific conditions.
- Conditions for Nonfederal Prisoner Employment
- Employment must be voluntary, not displace existing workers, not occur in oversupplied trades, not impair existing contracts, and must offer fair wages and conditions. Certification by the Attorney General is required.
- Oversight and Certification
- The Bureau of Justice Assistance certifies or revokes work-release program compliance with federal requirements.
Responsibilities
- Contracting Officers: Ensure contract compliance with these requirements and verify certifications where applicable.
- Contractors: Adhere to all conditions for employing convict labor, including documentation and consultation requirements.
- Agencies: Oversee compliance and coordinate with the Department of Justice for certification matters.
Practical Implications
- This section exists to balance inmate rehabilitation with labor protections and fair competition. Contractors must be diligent in verifying eligibility and compliance when employing individuals with criminal backgrounds. Common pitfalls include failing to consult unions, not verifying wage parity, or overlooking certification requirements.
(a) Executive Order 11755, December 29,1973, as amended by Executive Order 12608, September 9,1987, and Executive Order 12943, December 13,1994, states: "The development of the occupational and educational skills of prison inmates is essential to their rehabilitation and to their ability to make an effective return to free society. Meaningful employment serves to develop those skills. It is also true, however, that care must be exercised to avoid either the exploitation of convict labor or any unfair competition between convict labor and free labor in the production of goods and services." The Executive order does not prohibit the contractor, in performing the contract, from employing-
(1) Persons on parole or probation;
(2) Persons who have been pardoned or who have served their terms;
(3) Federal prisoners; or
(4) Nonfederal prisoners authorized to work at paid employment in the community under the laws of a jurisdiction listed in the Executive order if-
(i) The worker is paid or is in an approved work training program on a voluntary basis;
(ii) Representatives of local union central bodies or similar labor union organizations have been consulted;
(iii) Paid employment will not-
(A) Result in the displacement of employed workers;
(B) Be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; or
(C) Impair existing contracts for services;
(iv) The rates of pay and other conditions of employment will not be less than those for work of a similar nature in the locality where the work is being performed; and
(v) The Attorney General of the United States has certified that the work-release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended.
(b) Department of Justice regulations authorize the Director of the Bureau of Justice Assistance to exercise the power and authority vested in the Attorney General by the Executive order to certify and to revoke the certification of work-release laws or regulations (see 28 CFR0.94-1(b)).