52.222-3 Convict Labor
Source: FAR 52.222-3 on acquisition.gov
Contractors are generally prohibited from using convict labor on federal contracts, except under strict, regulated exceptions for certain work-release or post-sentence individuals.
Overview
FAR 52.222-3, Convict Labor, prohibits contractors from employing individuals currently serving sentences of imprisonment imposed by courts in U.S. jurisdictions for work on federal contracts, except under specific conditions. The clause outlines exceptions for individuals on parole or probation, those who have been pardoned or completed their sentences, and certain work-release programs, provided strict criteria are met. These criteria include voluntary participation, union consultation, non-displacement of existing workers, fair wages, and certification by the Attorney General that the work-release program complies with relevant Executive Orders. This clause is designed to ensure fair labor practices and prevent the exploitation of convict labor on government contracts.
Key Rules
- Prohibition on Convict Labor
- Contractors cannot employ individuals currently serving prison sentences for contract work, except as specified.
- Exceptions for Certain Individuals
- Employment is allowed for those on parole, probation, pardoned, or who have completed their sentences.
- Work-Release Program Conditions
- Employment of incarcerated individuals is permitted only if they are in approved work-release programs that meet specific legal, labor, and wage requirements, and are certified by the Attorney General.
Responsibilities
- Contracting Officers: Must ensure inclusion of this clause in applicable contracts and monitor compliance.
- Contractors: Must verify the employment status of workers and ensure any use of convict labor strictly adheres to the outlined exceptions and requirements.
- Agencies: Responsible for oversight and ensuring contractors comply with labor standards.
Practical Implications
- This clause exists to uphold ethical labor standards and prevent unfair competition or exploitation through the use of convict labor.
- Contractors must implement robust hiring and verification processes to avoid violations.
- Common pitfalls include failing to verify the legal status of workers or misunderstanding the narrow exceptions for work-release programs.
As prescribed in 22.202 , insert the following clause:
Convict Labor (June 2003)
(a) Except as provided in paragraph (b) of this clause, the Contractor shall not employ in the performance of this contract any person undergoing a sentence of imprisonment imposed by any court of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.
(b) The Contractor is not prohibited from employing persons-
(1) On parole or probation to work at paid employment during the term of their sentence;
(2) Who have been pardoned or who have served their terms; or
(3) Confined for violation of the laws of any of the States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, 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) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services;
(iv) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which 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 by Executive Orders 12608 and 12943.
(End of clause)