FAR 22.201—General.
Plain-English Summary
FAR 22.201 explains the federal policy on the use of prison labor and work-release labor in contract performance. It ties the FAR to Executive Order 11755, as amended, and states the basic principle that inmate rehabilitation through meaningful work is encouraged, but only if the arrangement does not exploit convict labor or create unfair competition with free labor. The section identifies which categories of workers are not prohibited from being used on a contract: persons on parole or probation, persons who have been pardoned or who have completed their sentences, Federal prisoners, and certain nonfederal prisoners working in the community under approved work-release programs. It also lays out the conditions that must be met before nonfederal work-release labor may be used, including voluntary participation, labor union consultation, no displacement of existing workers, no use in labor-surplus occupations, no impairment of existing service contracts, local prevailing pay and conditions, and certification by the Attorney General that the jurisdiction’s work-release laws or regulations conform to the Executive Order. Finally, it notes that DOJ regulations delegate the certification and revocation authority to the Director of the Bureau of Justice Assistance. In practice, this section matters because contractors must screen labor sources carefully, and contracting officers should understand when prison or work-release labor is permissible and when it may raise compliance or labor-relations concerns.
Key Rules
Executive order policy
The section implements Executive Order 11755, as amended, which promotes inmate rehabilitation through work while guarding against exploitation and unfair competition with free labor. The policy is permissive, not a blanket ban, but it imposes conditions to protect the labor market and workers.
Permitted worker categories
The Executive Order does not prohibit contractors from employing persons on parole or probation, persons who have been pardoned or have served their terms, or Federal prisoners. These categories may be used in contract performance without the special work-release certification requirements that apply to nonfederal prisoners.
Work-release labor conditions
Nonfederal prisoners may be used only if the work is paid or part of an approved voluntary training program, local union representatives have been consulted, and the work will not displace current workers, enter labor-surplus occupations, or impair existing service contracts. The arrangement must also provide pay and conditions at least equal to similar local work.
Attorney General certification
A jurisdiction’s work-release laws or regulations must be certified by the Attorney General as conforming to Executive Order 11755, as amended, before nonfederal prisoners may be used under the Executive Order. Without that certification, the contractor cannot rely on the work-release exception.
DOJ delegation
Department of Justice regulations delegate the Attorney General’s certification and revocation authority to the Director of the Bureau of Justice Assistance. This means the certification process is administered through DOJ’s designated official, not directly by the contracting agency.
Responsibilities
Contractor
Ensure any use of inmate or work-release labor complies with the Executive Order and FAR requirements. The contractor must verify the worker category, confirm that any nonfederal work-release labor meets all listed conditions, and avoid using labor in a way that displaces workers, undercuts local labor standards, or conflicts with existing service contracts.
Contracting Officer
Understand the labor-source restrictions and evaluate whether contract performance may involve prison labor or work-release labor. The contracting officer should ensure solicitation and contract administration do not authorize prohibited labor arrangements and should coordinate with legal or labor advisors when questions arise.
Department of Justice / Bureau of Justice Assistance
Certify whether a jurisdiction’s work-release laws or regulations conform to Executive Order 11755, as amended, and revoke that certification if the jurisdiction no longer meets the requirements. This certification is the federal approval mechanism for nonfederal prisoner work-release labor.
State or Local Jurisdiction
Maintain work-release laws or regulations that satisfy the Executive Order’s conditions if it wants its prisoners to participate in paid community employment on federal contract-related work. The jurisdiction must support voluntary participation, labor consultation, and labor-market protections.
Labor Representatives
Be consulted before nonfederal prisoner paid employment is used under a work-release program. Their consultation is a required safeguard intended to address displacement and unfair competition concerns.
Practical Implications
Contractors should not assume all inmate labor is barred; the key is whether the worker category is allowed and, for nonfederal work-release prisoners, whether every condition is satisfied.
The biggest compliance risk is using nonfederal work-release labor without confirming DOJ certification of the jurisdiction’s program or without documenting the required labor-market protections.
Union consultation is not optional for nonfederal work-release labor; failing to consult local labor bodies can make the arrangement noncompliant even if the work itself seems routine.
Pay and working conditions must be comparable to similar local work, so contractors should be prepared to show wage and condition parity if questioned.
Because the section is rooted in labor-protection policy, contractors and contracting officers should watch for displacement of existing employees, use in oversupplied trades, and conflicts with current service contracts, all of which can create legal and labor-relations problems.
Official Regulatory Text
(a) Executive Order 11755, December 29,1973, as amended by Executive Order 12608, September 9,1987, and Executive Order 12943, December 13,1994, states: "The development of the occupational and educational skills of prison inmates is essential to their rehabilitation and to their ability to make an effective return to free society. Meaningful employment serves to develop those skills. It is also true, however, that care must be exercised to avoid either the exploitation of convict labor or any unfair competition between convict labor and free labor in the production of goods and services." The Executive order does not prohibit the contractor, in performing the contract, from employing- (1) Persons on parole or probation; (2) Persons who have been pardoned or who have served their terms; (3) Federal prisoners; or (4) Nonfederal prisoners authorized to work at paid employment in the community under the laws of a jurisdiction listed in the Executive order 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) Paid employment will not- (A) Result in the displacement of employed workers; (B) Be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality; or (C) Impair existing contracts for services; (iv) The rates of pay and other conditions of employment will not be less than those for work of a similar nature in the locality where 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. (b) Department of Justice regulations authorize the Director of the Bureau of Justice Assistance to exercise the power and authority vested in the Attorney General by the Executive order to certify and to revoke the certification of work-release laws or regulations (see 28 CFR0.94-1(b)).