Clauses · FAR · Small business, labor and socioeconomic
FAR 52.222-3 Convict Labor
Does the regulation require it to flow down?
No
No flow-down paragraph in the text (verified); primes include it in the standard labor block of every PO — template presence, not prescription
A clause can reach your subcontract without a mandate. Once it is in your document, it is a contract term all the same. The missing mandate is a fact about the regulation. It is not a ruling on your order.
Checked against acquisition.gov on 2026-08-04 · edition JUN 2003 · base v0.9.3 Read the text ↗
What it makes you produce
One item for your checklist.
Nothing to send, ever
There is no paperwork here. It is a rule you follow while you perform the work.
No one serving a sentence of imprisonment employed in performing the contract, apart from the exceptions paragraph (b) lists — parole or probation, a completed sentence or a pardon, and an authorized work-release program
FAR 52.222-3(a)
When it is used
Prescription 22.202 (verified): contracts above the micro-purchase threshold ($15,000) performed in the US, Puerto Rico, the Northern Marianas, American Samoa, Guam, or the Virgin Islands. Exceptions: contracts under chapter 65 (Walsh-Healey, which has its own prohibition), purchases from Federal Prison Industries, and finished supplies from state prisons available on the open market.
Read closely
No paragraph of this clause asks for a submission, a notice or a report. The five conditions on work release sit in paragraph (b): voluntary work or approved training, the union consulted, no worker displaced, pay and conditions equivalent to similar local work, and Attorney General certification of the state program under Executive Order 11755 — that certification is the state's, not yours. Purchases from Federal Prison Industries and finished supplies from state prisons available on the open market are excepted at the prescription.
The 8 templates that name it, with the line
Source: acquisition.gov, FAR 52.222-3 and 22.202 (verified 2026-08-04)
This is research, not legal advice. It states what the regulation says about this clause and cites the paragraph behind it. It does not rule on your order, and it does not rule on whether a prime's markings are correct.