General
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.