Prohibits employment of convicts for contract performance except under limited circumstances.
Applicability: Applies to all contracts over $100.
Key Requirements
Certify that you do not employ convicts in contract performance
Disclose any convict labor used and conditions of employment
Maintain employment records for potential audit
Comply with state and federal convict labor laws
Common Issues & Pitfalls
Not understanding definition of 'convict' under FAR
Failing to vet subcontractor labor practices
Not maintaining employment verification records
Overlooking state-specific convict labor restrictions
Contractor Guidance for Your Bid
Convict labor clauses are rarely triggered for contractors but matter if you work in manufacturing, construction, or staffing. Verify your labor hiring practices comply—don't assume subcontractors have vetted their workforces. Maintain employment eligibility documentation for all staff assigned to federal work.
Related FAR Clauses
Frequently Asked Questions
What are the key requirements for FAR 52.222-3: Convict Labor?
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Prohibits employment of convicts for contract performance except under limited circumstances. Applies to all contracts over $100.
When does FAR 52.222-3 apply to a federal contract?
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Applies to all contracts over $100.
What are the most common compliance issues with FAR 52.222-3?
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Not understanding definition of 'convict' under FAR Failing to vet subcontractor labor practices Not maintaining employment verification records Overlooking state-specific convict labor restrictions
How should contractors approach FAR 52.222-3 in their proposals?
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Convict labor clauses are rarely triggered for contractors but matter if you work in manufacturing, construction, or staffing. Verify your labor hiring practices comply—don't assume subcontractors have vetted their workforces. Maintain employment eligibility documentation for all staff assigned to federal work.
What related FAR clauses should contractors review alongside FAR 52.222-3?
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Contractors reviewing FAR 52.222-3 should also study related clauses: 52-222-1, 52-222-2. Understanding how these clauses interact helps avoid compliance gaps that can trigger contract disputes or disqualify bids.
What happens if a contractor fails to comply with FAR 52.222-3?
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Non-compliance with FAR 52.222-3 can result in contract termination for default, withholding of payments, debarment proceedings, or False Claims Act liability. Contracting officers typically issue a cure notice before termination. Contractors should consult with a contract attorney if they receive a cure notice related to this clause.