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On June 12, 2008, Federal Acquisition Regulation Council issued a proposed rule to amend the Federal Acquisition Register (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 proposed rule would apply to direct federal contractors (Ex: contractors working for the U.S. Army Corps of Engineers). This does not apply to federally assisted (highway) contractors.
The rule proposes the following:
1. 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.
2. Requiring contractors to provide a flow-down clause in subcontracts over $3,000 for services or for construction contracts.
3. 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.
4. 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 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.
The AGC is seeking further guidance on a host of questions that the executive order raises.
 
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