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Federal Contractors Ordered to Use E-VERIFY |
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by Mira Mdivani
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Friday, 13 June 2008 |
 On June 6, 2008, President Bush issued Executive Order 13465, which amended Executive Order 12989 ordering that federal contracting agencies cannot enter into contracts with employers that do not "use the best available means to confirm the work authorization of their workforce. Department of Homeland Security Immediately announced that E-VERIFY is designated as “the best available means."
This means that all federal contractors will have to use E-VERIFY for all new hiring. On June 11, Department of Homeland Security published a Proposed Rule that required contractors to use E-Verify. “In summary, the proposed rule:
1. Requires insertion of a clause into Government prime contracts that include work in the United States, other than those that do not exceed the micro purchase threshold (generally $3,000), or that are for commercially available off the shelf (COTS) items or items that would be COTS items but for minor modifications (the rule adopts the statutory definition of COTS).
2. Requires inclusion of the clause in subcontracts over $3,000 for services or for construction.
3. Requires a contractor or subcontractor to enroll in the E-Verify program within 30 days of contract award, begin verifying the employment eligibility of all new employees of the contractor or subcontractor that are hired after enrollment in E-Verify, and continue to use the E-Verify program for the life of the contract.
4. Requires contractors and subcontractors to use E-Verify to confirm the employment eligibility of all existing employees who are directly engaged in the performance of work under the covered contract.
5. Applies to solicitations issued and contracts awarded after the effective date of the final rule in accordance with FAR 1.108(d). Under the final rule, Departments and agencies should, in accordance with FAR 1.108(d)(3), amend existing indefinite delivery/indefinite quantity contracts to include the clause for future orders if the remaining period of performance extends at least six months after the effective date of the final rule and the amount of work or number of orders expected under the remaining performance period is substantial.
6. In exceptional circumstances, allows a head of the contracting activity to waive the requirement to include the clause. This authority is not delegable .” 73 FR 33283, 6/11/08, http://www.thefederalregister.com/d.p/2008-06-12-E8-13358
QUESTIONS? Mira Mdivani 913.317.6200
RECOMMENDED TRAINING:
I-9 and E-Verify Basic Training http://www.i-9seminars.com/seminars
and
Contractor Immigration Compliance: Working with Your Contractors on Preventing Criminal and Civil Liability for Immigration Violations http://www.i-9seminars.com/seminars
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