FAR 22.202—Contract clause.
Plain-English Summary
FAR 22.202 tells contracting officers when to include the Convict Labor clause at FAR 52.222-3 in solicitations and contracts. It applies to acquisitions above the micro-purchase threshold when performance will occur in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands. The section also identifies three exceptions: contracts already subject to the separate convict labor prohibition in 41 U.S.C. chapter 65, purchases from Federal Prison Industries, Inc., and purchases from a State prison of finished supplies that are commercially available or available from existing stocks rather than specially fabricated items. In practice, this rule is a clause-coverage instruction that helps ensure the government uses the correct labor-restriction language and avoids duplicating or misapplying convict labor restrictions. It matters because clause inclusion affects solicitation drafting, contract compliance, and the contractor’s labor sourcing choices for covered work performed in the specified U.S. jurisdictions.
Key Rules
Insert Convict Labor clause
Contracting officers must include FAR 52.222-3, Convict Labor, in solicitations and contracts that meet the coverage conditions in this section. This is a mandatory clause-insertion rule, not a discretionary one, unless one of the listed exceptions applies.
Applies above micro-purchase threshold
The clause requirement applies only to acquisitions above the micro-purchase threshold. Below that threshold, this section does not require insertion of the Convict Labor clause.
Limited geographic coverage
The rule applies when contract performance will occur in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands. If performance is entirely outside these locations, this section does not trigger the clause requirement.
No clause when chapter 65 applies
Do not insert FAR 52.222-3 if the contract is subject to 41 U.S.C. chapter 65, which contains a separate prohibition on convict labor. The government should avoid duplicative or conflicting coverage when the other statutory regime governs.
Federal Prison Industries exception
The clause is not required when the supplies or services are to be purchased from Federal Prison Industries, Inc. This exception recognizes that FPI purchases are handled under a separate statutory and regulatory framework.
State prison finished-supplies exception
The clause is not required for purchases from a State prison of finished supplies that are commercially available or available from existing stocks, as opposed to supplies requiring special fabrication. The exception is narrow and does not cover custom-made or specially fabricated items.
Responsibilities
Contracting Officer
Determine whether the acquisition is above the micro-purchase threshold and whether performance will occur in a covered U.S. jurisdiction. Insert FAR 52.222-3 unless one of the three exceptions applies, and ensure the solicitation and contract reflect the correct labor-restriction clause coverage.
Contractor
Comply with the Convict Labor clause when it is included in the contract. The contractor must ensure its performance and sourcing practices do not violate the clause’s restrictions and should identify any subcontracting or supply arrangements that could raise convict labor issues.
Agency
Support acquisition planning and clause selection so contracting officers apply the correct labor requirements. Agencies should also ensure internal procedures and templates account for the exceptions and the separate coverage under 41 U.S.C. chapter 65 and Federal Prison Industries rules.
Practical Implications
This section is mainly a clause-coverage check, so the key day-to-day task is deciding whether FAR 52.222-3 belongs in the solicitation and contract.
A common pitfall is overlooking the geographic trigger; if performance is in one of the listed U.S. jurisdictions and the acquisition is above the micro-purchase threshold, the clause is generally required unless an exception applies.
Another frequent mistake is treating the exceptions too broadly. The Federal Prison Industries and State prison exceptions are narrow and do not automatically cover all prison-related purchases.
Contracting officers should confirm whether another statutory regime, especially 41 U.S.C. chapter 65, already governs the acquisition before adding the clause.
Contractors should pay attention to the clause early, because it can affect sourcing, subcontracting, and whether certain labor sources or prison-made goods are permissible under the contract.
Official Regulatory Text
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 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.