As one of its final acts before leaving office, the Bush
administration issued an Executive Order Nov. 14, 2008, mandating
the use of the E-Verify program for federal contracts.
Taking effect Jan. 15, the rule requires contractors working on
federal projects to confirm the employment status of all
employees—new and existing—who work on federal
projects.
The Executive Order specifically directs the U.S. Department of
Defense, General Services Administration and NASA to implement the
policy. Federal agencies are to insert a clause into federal
contracts committing government contractors to use the E-Verify
program. The clause must be included in all prime federal contracts
above the simplified acquisition threshold ($100,000) and
subcontracts of more than $3,000 for services or construction.
Exceptions to the rule include work that is for commercially
available off-the-shelf items, items that would be commercially
off-the-shelf but are for minor modifications, prime contracts with
terms less than 120 days, employees who hold active security
clearance and certain...
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