FAR 52.222-3—Convict Labor.
Plain-English Summary
FAR 52.222-3, Convict Labor, restricts the use of incarcerated labor on federal contracts and explains the limited situations where certain individuals with criminal justice supervision status may still work. The clause covers the general prohibition on employing persons serving a sentence of imprisonment imposed by courts of a State, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands, and then lists exceptions for people on parole or probation, people who have been pardoned or have completed their sentences, and certain work-release or community employment programs for persons confined for violations of those jurisdictions’ laws. It also addresses the conditions that must be met for authorized work-release employment, including voluntary participation, consultation with labor representatives, no displacement of 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 conform to Executive Order 11755 as amended. In practice, the clause is meant to prevent exploitation of prison labor in federal contract performance while allowing carefully controlled rehabilitation and work-release arrangements that do not undercut the local labor market or violate labor standards. Contractors must screen labor sources and subcontracting arrangements carefully, and contracting officers should ensure the clause is included when prescribed and that any claimed exception is legally supportable.
Key Rules
General ban on prison labor
The contractor may not use any person who is currently serving a sentence of imprisonment imposed by the covered state or territorial courts in performing the contract. This is the core prohibition and applies unless one of the clause’s exceptions clearly fits.
Parole and probation allowed
People on parole or probation may be employed in paid work during the term of their sentence. The clause does not bar their employment simply because they remain under criminal justice supervision.
Pardoned or released workers allowed
The contractor may employ persons who have been pardoned or who have fully served their sentences. Once the sentence is completed or forgiven, the clause’s prohibition no longer applies.
Work-release exception with conditions
Certain persons confined for violations of covered jurisdictions’ laws may work in the community if the work is authorized under local law and all listed safeguards are met. This exception is narrow and requires compliance with every subcondition, not just some of them.
Voluntary paid work or training
For the work-release exception, the worker must be paid or be in an approved work-training program on a voluntary basis. Forced labor or involuntary participation does not qualify.
Labor consultation required
Representatives of local union central bodies or similar labor organizations must be consulted before the work-release employment is used. This requirement is intended to protect local labor interests and ensure transparency.
No displacement or labor-market harm
The work may not displace employed workers, be used in occupations with a surplus of available labor, or impair existing service contracts. The clause is designed to prevent work-release labor from undercutting the local workforce or existing contractual arrangements.
Comparable pay and conditions
Rates of pay and other employment conditions must be no less favorable than those for similar work in the locality. Contractors must treat authorized workers consistently with local labor standards for comparable work.
Attorney General certification required
The jurisdiction’s work-release laws or regulations must be certified by the U.S. Attorney General as conforming to Executive Order 11755, as amended. Without that certification, the work-release exception is not satisfied.
Responsibilities
Contractor
Do not employ incarcerated persons serving sentences of imprisonment in contract performance unless a specific exception applies. Verify the legal status of any worker used under a parole, probation, pardon, completed-sentence, or work-release arrangement, and ensure all work-release conditions are met before assigning work.
Contracting Officer
Insert the clause when prescribed by FAR 22.202 and evaluate whether the contract context requires the restriction. If a contractor proposes to use work-release labor, confirm that the arrangement appears to fit the clause and that any required certifications or labor protections are addressed.
Agency
Ensure procurement policies and contract administration practices support compliance with the convict labor restriction. Coordinate with legal, labor, or correctional authorities as needed when work-release arrangements are involved.
Local labor representatives
Participate in consultation when a contractor seeks to use workers under the work-release exception. Their role is advisory/consultative, but the consultation itself is a required condition for the exception.
Attorney General of the United States
Certify that the relevant jurisdiction’s work-release laws or regulations conform to Executive Order 11755, as amended, before the work-release exception can be used.
Practical Implications
Contractors should screen labor sources early, especially for staffing firms, subcontractors, and community work programs, because the prohibition applies to performance of the contract, not just direct hires.
The biggest compliance risk is assuming that any person with a criminal record is barred; the clause is narrower and focuses on people currently serving a sentence of imprisonment, with specific exceptions for parole, probation, pardon, completion of sentence, and qualified work-release.
Work-release arrangements are documentation-heavy and easy to get wrong: contractors should confirm voluntary status, union consultation, non-displacement, local wage parity, and Attorney General certification before relying on the exception.
Using labor that appears cheaper than local market rates can create both FAR compliance issues and labor relations problems, especially if the work is in a trade with surplus labor or if existing service contracts could be affected.
Contracting officers and contractors should treat this clause as a labor-protection and public-policy requirement, not just a personnel screening rule; failure to comply can create contract administration issues, potential breach concerns, and reputational risk.
Official Regulatory Text
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)