[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR22.201]



[Page 411]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 22_APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS--Table of Contents

 

                       Subpart 22.2_Convict Labor

 

Sec. 22.201  General.





    (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 CFR 0.94-

1(b)).



[61 FR 31644, June 20, 1996]