Overview
FAR 22.201 implements Executive Order 11755, establishing the policy that while inmate rehabilitation through meaningful employment is encouraged, contractors must ensure convict labor does not lead to worker exploitation or unfair competition with the free labor market. It defines the specific conditions under which federal and nonfederal prisoners, as well as formerly incarcerated individuals, may be employed on government contracts.
Key Rules
- Permissible Employment: Contractors are explicitly allowed to employ persons on parole or probation, those who have served their terms or been pardoned, and federal prisoners.
- Nonfederal Prisoner Conditions: Employment of nonfederal prisoners is permitted only if:
- The work is voluntary and paid (or part of an approved training program).
- Relevant local union organizations have been consulted.
- The employment does not displace current workers or apply to trades with a local labor surplus.
- It does not impair existing contracts for services.
- Pay rates and employment conditions are no less than those for similar local work.
- Certification Requirement: The Attorney General (via the Director of the Bureau of Justice Assistance) must certify that the work-release laws of the state or local jurisdiction comply with Executive Order 11755.
Practical Implications
- Contractors intending to utilize work-release programs must verify that the specific state or local jurisdiction has maintained its Department of Justice certification.
- To remain compliant, contractors must conduct local labor market research and engage with labor unions to ensure that the use of convict labor does not negatively impact the local "free" workforce or violate prevailing wage standards.