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E-Verify and Federal Government Contracts

The FAR Clause (Federal Acquisition Regulation)

WHAT IS THE FAR CLAUSE?

The E-Verify Federal contractor rule requires that the FAR E-Verify clause be added to applicable federal contracts issued on or after September 8, 2009. The clause is a term in the contract in which federal contractors commit to use E-Verify to verify that all of their new hires and all employees (existing and new) assigned to a federal contract are authorized to work in the United States.

THE E-VERIFY FEDERAL CONTRACTOR RULE

The FAR E-Verify federal contractor rule, directs federal agencies to require many federal contractors to use E-Verify to electronically verify the employment eligibility of certain employees. It requires federal contractors, through language inserted into their federal contracts, to agree to use E-Verify to confirm the employment eligibility of all persons they hire during a contract term, as well as their current employees who perform work under a federal contract within the United States. The rule's requirements to include language on E-Verify in federal contracts took effect on September 8, 2009.

NOTE: If your federal contract does not have an E-Verify FAR clause, but the federal contractor you are serving requires you to use E-Verify, you must still register to become an E-Verify participant, but you may not use E-Verify on existing employees who will be working under the federal contract. But you will still be required to use E-Verify on all newly hired employees whether or not they will be performing work under the contract. For example: your air conditioning firm gets a contract to install air conditioning units on a military base. The contract does not contain a FAR Clause but does ask that you participate in E-Verify in which case you would use my service. (Even if the military base does not require that you participate in E-Verify, it's a good idea to do so to insure that you can never be accused of knowingly hiring an illegal worker).

HOW TO DETERMINE IF YOUR FEDERAL CONTRACT QUALIFIES

• The contract was awarded on or after the E-Verify federal contractor rule effective            date of September 8, 2009, and includes the FAR E-Verify clause.

• The contract has a period of performance that is for 120 days or more.

• The contract's value exceeds the simplified acquisition threshold of $150,000.

• At least some portion of the work under the contract is performed in the United States