What contracts are affected by the E-Verify rule?
The new E-Verify clause will be included on the following federal contracts and subcontracts:
- Contracts with a performance longer than 120 days and a value above the simplified acquisition threshold of $100,000.
- Subcontracts for services or for construction with a value of over $3,000.
- Indefinite-delivery/indefinite-quantity contracts should be modified by the contracting officers on a bilateral basis in accordance with FAR 1.108(d)(3), to include the clause for future orders if the remaining period of performance extends at least six months after the final rule effective date of September 8, 2009.
Who will need to be screened through E-Verify?
- Current employees who will perform work on the contract must be screened 30 days from the date the individual is placed on the contract.
- New employees hired to work on the contract must be screened within 3 days of their hire date.
Exceptions from E-Verify screening
- Employees who were hired before November 6, 1986.
- Those who have an active federal agency HSPD-12 credential or who have been granted and hold an active US Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual.
- If all work on the contract is going to be performed outside of the United States.
- Contract includes only commercially available off-the-shelf (COTS) items and related services.
How do I complete E-Verify screening?
If the clause is included in a contract administered by the Office of Sponsored Projects Administration, OSPA will notify the Principal Investigator and her/his department when the contract is received. Once you have determined your federal contract requires E-Verify screening, you will need to develop a list of employees who will be assigned to the contract. Forward this list on to the E-Verify processor, Yankuba Banda. The E-Verify processor will pull the personnel files for these employees and determine whether or not they need a new I-9 form and whether or not they meet one of the exemptions. If a new I-9 form is needed, the employee will need to bring the appropriate documents to Human Resources to complete an updated I-9 form. If a new I-9 form is not required, the E-Verify processor will complete the necessary screening.
Please note: The E-Verify screening must be completed within 3 business days of the new hire’s start date or within 30 calendar days of the date any current employee is assigned to the contract.
Acceptable I-9 Document Lists
The acceptable documentation for E-Verify is the same as the requirements for the I-9 form with the exception of List B documents. This documentation must be a photo ID. To view a complete list of acceptable documentation, please review our I-9 page.