[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR22.201]

[Page 397]
 
            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]