On November 14, 2008, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council published a Federal Acquisition Regulation (FAR) final rule (FAR case 2007-013, Employment Eligibility Verification) that implements the amended Executive Order 12989. The FAR is a set of rules and regulations used to manage the way the federal government acquires supplies and services with appropriated funds.

The FAR final rule, known as the E-Verify federal contractor rule, directs federal agencies to require many federal contractors to use E-Verify to electronically verify the employment eligibility of certain employees. It requires federal contractors, through language inserted into their federal contracts, to agree to use E-Verify to confirm the employment eligibility of all persons they hire during a contract term, as well as their current employees who perform work under a federal contract within the United States. The rule’s requirements to include language on E-Verify in federal contracts took effect on September 8, 2009.

IMPORTANT: If your federal contract does not have an E-Verify FAR clause, you are prohibited from using E-Verify on current employees who perform work under the contract.