[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21511]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Parts 22 and 52

[FAR Case 93-615]

 

Federal Acquisition Regulation; Use of Convict Labor

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to remove all references to 18 U.S.C. 
4082(c)(2), include the stipulation required by Executive Order 11755, 
as amended, in the clause for the convenience of users of the FAR, and 
add the Commonwealth of the Northern Mariana Islands to the covered 
jurisdictions as required by Executive Order 12608. This regulatory 
action was not subject to Office of Management and Budget (OMB) review 
pursuant to Executive Order No. 12866 dated September 30, 1993.

DATES: Comments should be submitted on or before November 7, 1994 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW, Room 4037, Washington, DC 20405. Please cite FAR case 93-
615 in all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT:
Mr. Jack O'Neill at (202) 501-3856 in reference to this FAR case. For 
general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC 20405 (202) 501-4755. Please cite FAR case 93-
615.

SUPPLEMENTARY INFORMATION:

A. Background

    A statutory provision (18 U.S.C. 4082(c)(2)), which is cited both 
in section 22.201 and in the clause at section 52.222-3, now applies 
only to offenses committed prior to November 1, 1987, and there is no 
statutory or Executive Order requirement to include it in the FAR. In 
addition, Executive Order 12608 adds the Commonwealth of the Northern 
Mariana Islands to the jurisdictions covered by Executive Order 11755, 
which the FAR text and clause implement.

B. Regulatory Flexibility Act

    The proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it 
merely deletes an unnecessary statutory reference and adds one 
jurisdiction (the Commonwealth of the Northern Mariana Islands) to the 
coverage of the clause at 52.222-3. It also includes the stipulation 
required by Executive Order 11755, as amended, in the clause itself, 
which should be more convenient for users of the FAR but is not a 
substantial change. An Initial Regulatory Flexibility Analysis has, 
therefore, not been performed. Comments are invited from small 
businesses and other interested parties. Comments from small entities 
concerning the affected FAR subparts will also be considered in 
accordance with 5 U.S.C. 610. Such comments must be submitted 
separately and should cite 5 U.S.C. 601, et seq. (FAR case 93-615), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose recordkeeping or information 
collection requirements, or collections of information from offerors, 
contractors, or members of the public which require the approval of the 
Office of Management and Budget under 54 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 22 and 52

    Government procurement.

    Dated: August 24, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
    Therefore, it is proposed that 48 CFR parts 22 and 52 be amended as 
set forth below:
    1. The authority citation for 48 CFR parts 22 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    2. Section 22.201 is revised to read as follows:


22.201  General.

    (a) Executive Order 11755, December 29, 1973, as amended by 
Executive Order 12608, September 9, 1987, 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 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 by Executive Order 12608.
    (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 Order to certify and to revoke the 
certification of work-release laws or regulations (see 28 CFR 0.94-
1(b)).


22.202  [Amended]

    3. Section 22.202 is amended in the introductory paragraph by 
inserting after ``Samoa,'' ``the Commonwealth of the Northern Mariana 
Islands,''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 52.222-3 is revised to read as follows:


52.222-3  Convict Labor.

    As prescribed in 22.202, insert the following clause:

Convict Labor (Date)

    The Contractor agrees not to employ in the performance of this 
contract any person undergoing a sentence of imprisonment which has 
been imposed by any court of a State, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
Samoa, the Commonwealth of the Northern Mariana Islands, or the 
Trust Territory of the Pacific Islands. This limitation, however, 
shall not prohibit the employment by the Contractor in the 
performance of this contract of persons on parole or probation to 
work at paid employment during the term of their sentence or persons 
who have been pardoned or who have served their terms. Nor shall it 
prohibit the employment by the Contractor in the performance of this 
contract of persons confined for violation of the laws of any of the 
States, the District of Columbia, the Commonwealth of Puerto Rico, 
the Virgin Islands, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, or the Trust Territory of the Pacific 
Islands who are authorized to work at paid employment in the 
community under the laws of such jurisdiction, if--
    (a)(1) The worker is paid or is in an approved work training 
program on a voluntary basis;
    (2) Representatives of local union central bodies or similar 
labor union organizations have been consulted;
    (3) 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; and
    (4) 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
    (b) 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 Order 12608.

(End of clause)

[FR Doc. 94-21511 Filed 9-2-94; 8:45 am]
BILLING CODE 6820-34-M