Overview
This section prescribes the use of FAR clause 52.222-3, Convict Labor, which prohibits the use of forced convict labor in government contracts performed within the United States and its territories. It establishes the specific thresholds, geographic boundaries, and legal exceptions for including this requirement in federal solicitations and contracts.
Key Rules
- Mandatory Insertion: Contracting Officers must insert clause 52.222-3 in solicitations and contracts that exceed the micro-purchase threshold.
- Geographic Applicability: The rule applies to work performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands.
- Exemption for Statutory Redundancy: The clause is not required if the contract is already subject to 41 U.S.C. chapter 65 (Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000), as that statute contains its own convict labor prohibitions.
- Exemption for UNICOR: The clause does not apply when supplies or services are sourced directly from Federal Prison Industries, Inc. (UNICOR).
- State Prison Exception: Procurement of finished supplies from state prisons is exempt if the items are available on the open market and do not require special fabrication.
Practical Implications
- Contracting Officers must ensure this clause is included in almost all domestic service and construction contracts to prevent contractors from utilizing forced prison labor.
- Contractors are permitted to source commercial off-the-shelf (COTS) items produced by state prison programs, but they are generally barred from employing inmates for the specific performance of a federal contract.