AGC Seeks Comments on Proposed Rule Requiring Federal Contractors to Use E-Verify
On June 12, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a proposed rule to amend the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the U.S. Citizenship and Immigration Services' (USCIS) E-Verify system as the means of verifying that their employees are eligible to work in the United States.
The rule, which implements an executive order signed by President Bush on June 6, proposes the following:
- Requiring contractors to enroll in the E-Verify program within 30 days of contract award and verifying the employment eligibility of all new employees hired after enrollment in E-Verify, and continued use of the E-Verify program for the life of the contract.
- Requiring contractors to provide a flow-down clause in subcontracts over $3,000 for services or for construction contracts.
- Requiring 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.
- Requiring federal agencies to 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.
The proposed rule would apply to solicitations issued and contracts awarded after the effective date of the notice of the final rule.
The proposed rule applies to employment in the United States and includes the fifty States, the District of Columbia, Guam, Puerto Rico, and the United States Virgin Islands. It does not currently include the United States territories of American Samoa and the Commonwealth of the Northern Mariana Islands, nor does it apply to work on U.S. embassies or military bases in foreign countries. Finally, the proposed rule does not apply to any employee hired prior to November 6, 1986.
Comments are due on August 11. AGC is preparing comments for submission and welcomes input from members. If you would like to submit comments on the impact of the proposed rule or concerns about the proposed rule, please send them at your earliest opportunity to Marco Giamberardino, Senior Director, Federal and Heavy Construction, at email@example.com.
return to top ]