U.S. flag

An official website of the United States government

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Https

Secure .gov websites use HTTPS
A lock () or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

branding: 'Branding' navigation_second: 'Navigation Second' footer_first: 'Footer First' footer: 'Primary Footer' footer_second: 'Footer Second'

Who is Affected by the E-Verify Federal Contractor Rule

The E-Verify Federal Contractor Rule only affects Federal contractors who were awarded a new contract on or after the effective date of the rule, September 8, 2009, that includes the Federal Acquisition Regulation (FAR) E-Verify clause (found at 48 C.F.R., Subpart 22.18 ). Some existing Federal contracts may also be bilaterally modified to include the FAR E-Verify clause after the effective date of the rule.

Government contracting officials, not E-Verify, decide if a Federal contract qualifies for the Federal Acquisition Regulation (FAR) E-Verify clause. To qualify, the contract must meet the following criteria:

  • The contract was awarded on or after the E-Verify Federal contractor rule effective date of September 8, 2009, and includes the FAR E-Verify clause;
  • The contract has a period of performance that is for 120 days or more;
  • The contract's value exceeds $150,000;
  • At least some portion of the work under the contract is performed in the United States. 

FAR Subcontractors

The E-Verify Federal contractor rule requires certain Federal prime contractors to require their subcontractors to use E-Verify when:

  • The prime contract includes the Federal Acquisition Regulation (FAR) E-Verify clause;
  • The subcontract is for commercial or noncommercial services or construction;
  • The subcontract has a value of more than $3,500; and
  • The subcontract includes work performed in the United States. 

Indefinite-Delivery/Indefinite-Quantity (IDIQ) Contracts

Government contracting officials may modify IDIQ contracts on a bilateral basis to include the FAR E-Verify clause for future orders, in accordance with FAR 1.108(d)(3), when:

  • The remaining period of performance extends at least six months after the effective date of the rule; and
  • The amount of work or number of orders expected under the remaining period of performance is substantial.
Alert Type info

If the FAR E-Verify clause is included in a modified IDIQ contract, the employer must participate in E-Verify within 30 calendar days of the modification date.

Related Upcoming Webinars

E-Verify for Federal Contractors

Learn about timelines for enrollment, how to use the program, how to verify new and existing employees, and exemption and exceptions for federal contractors who have been awarded a federal contract with the FAR E-Verify clause. This webinar, useful for federal contractors and subcontractors affected by the E-Verify federal contractor rule, is eligible for 1 professional development credit through SHRM and HRCI.

Estimated duration: 1 hour.

SHRM LogoHRCI

MAY06

E-Verify for Federal Contractors

MAY21

E-Verify for Federal Contractors

JUN04

E-Verify for Federal Contractors

Last Updated Date: