FAR 52.222-3 — Convict Labor

Contract clause · dated June 2003 · prescribed in FAR 22.202 · current through FAC 2026-01

In plain English

FAR 52.222-3, Convict Labor, is a contract clause prescribed at FAR 22.202, most recently dated June 2003. The complete official text is reproduced below, verbatim, from GSA's published FAR source files.

Its text contains no sentence requiring insertion into subcontracts; see the flowdown section below for what that does and does not mean.

Does it flow down to subcontracts?

No flowdown mandate found in the clause text

We scanned the full clause text and found no sentence directing the contractor to insert this clause into subcontracts. That is a statement about the text, not legal advice: a prime contractor may still flow terms down contractually, an agency supplement (DFARS, VAAR, …) may add requirements, and clauses listed below (if any) may order this clause into subcontracts from the outside.

Where it's prescribed

As prescribed in 22.202 , insert the following clause:

Prescribing reference: FAR 22.202.

The official text, verbatim

FAR 52.222-3 · June 2003 current through FAC 2026-01 acquisition.gov eCFR (48 CFR)

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)

The text above is reproduced from GSA's published FAR source files (GSA/GSA-Acquisition-FAR @ da52ccb (2026-03-30)), retrieved 2026-07-17. The official publication at acquisition.gov / eCFR controls if they differ.