Insert the clause at 52.222-3, Convict Labor, in solicitations and contracts above the micro-purchase threshold, when the contract will be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands; unless—

1. (a) The contract will be subject to 41 U.S.C. chapter 65(see subpart 22.6), which contains a separate prohibition against the employment of convict labor;
2. (b) The supplies or services are to be purchased from Federal Prison Industries, Inc. (see subpart 8.6); or
3. (c) The acquisition involves the purchase, from any State prison, of finished supplies that may be secured in the open market or from existing stocks, as distinguished from supplies requiring special fabrication.

[48 FR 42258, Sept. 19, 1983, as amended at 60 FR 34758, July 3, 1995; 61 FR 31644, June 20, 1996; 68 FR 28082, May 22, 2003; 79 FR 24203, Apr. 29, 2014; 85 FR 27091, May 6, 2020]