January 2009

The E-Verify mandate | Focus

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The E-Verify mandate

by Ambika Puniani Bailey
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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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