The E-Verify Federal Contractor Rule only affects Federal contractors who were awarded a new contract on or after the effective date of the rule, September 8, 2009, that includes the Federal Acquisition Regulation (FAR) E-Verify clause (found at 48 C.F.R., Subpart 22.18 ). Some existing Federal contracts may also be bilaterally modified to include the FAR E-Verify clause after the effective date of the rule.
Government contracting officials, not E-Verify, decide if a Federal contract qualifies for the Federal Acquisition Regulation (FAR) E-Verify clause. To qualify, the contract must meet the following criteria:
- 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;
- At least some portion of the work under the contract is performed in the United States.
The E-Verify Federal contractor rule requires certain Federal prime contractors to require their subcontractors to use E-Verify when:
- The prime contract includes the Federal Acquisition Regulation (FAR) E-Verify clause;
- The subcontract is for commercial or noncommercial services or construction;
- The subcontract has a value of more than $3,500; and
- The subcontract includes work performed in the United States.
Indefinite-Delivery/Indefinite-Quantity (IDIQ) Contracts
Government contracting officials may modify IDIQ contracts on a bilateral basis to include the FAR E-Verify clause for future orders, in accordance with FAR 1.108(d)(3), when:
- The remaining period of performance extends at least six months after the effective date of the rule; and
- The amount of work or number of orders expected under the remaining period of performance is substantial.
If the FAR E-Verify clause is included in a modified IDIQ contract, the employer must participate in E-Verify within 30 calendar days of the modification date.