22.202 Contract clause
Source: FAR 22.202 on acquisition.gov
Include the Convict Labor clause in contracts above the micro-purchase threshold performed in the U.S. or territories, unless a specific exception applies.
Overview
FAR 22.202 requires contracting officers to include the clause at 52.222-3, Convict Labor, in all solicitations and contracts exceeding the micro-purchase threshold when performance will occur in the United States or specified U.S. territories. This clause prohibits the use of convict labor in contract performance, with certain exceptions. The regulation outlines specific scenarios where the clause does not apply, such as contracts subject to 41 U.S.C. chapter 65, purchases from Federal Prison Industries, Inc., or acquisitions of finished supplies from state prisons that are available on the open market or from existing stocks. The intent is to ensure compliance with federal laws restricting the use of convict labor in government contracts, while recognizing statutory exceptions.
Key Rules
- Clause Inclusion Requirement
- The Convict Labor clause (52.222-3) must be inserted in applicable contracts and solicitations above the micro-purchase threshold performed in the U.S. or certain territories.
- Exceptions to Clause Inclusion
- The clause is not required if the contract falls under 41 U.S.C. chapter 65, involves purchases from Federal Prison Industries, Inc., or is for finished supplies from state prisons available on the open market or from existing stocks.
Responsibilities
- Contracting Officers: Must determine applicability and ensure the correct inclusion or exclusion of the Convict Labor clause in solicitations and contracts.
- Contractors: Must comply with the Convict Labor clause if included, ensuring no prohibited convict labor is used.
- Agencies: Should oversee compliance and ensure exceptions are properly documented.
Practical Implications
- This section exists to enforce federal restrictions on the use of convict labor in government contracts, protecting against unlawful labor practices.
- Contractors must be vigilant about labor sources and understand when exceptions apply.
- Common pitfalls include failing to include the clause when required or misapplying exceptions, which can lead to compliance violations.
Insert the clause at 52.222-3, Convict Labor, in solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless-
(a) The contract will be subject to http://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title41-chapter65&saved=%7CZ3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU0MC1jaGFwdGVyMzctZnJvbnQ%3D%7C%7C%7C0%7Cfalse%7Cprelim&edition=prelim" target="_blank">41 U.S.C. chapter 65, (see subpart 22.6), which contains a separate prohibition against the employment of convict labor;
(b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 8.6); or
(c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.