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5.1 The Federal Acquisition Regulation (FAR) E-Verify Clause in a Federal Contract

You are subject to these special E-Verify rules only if your federal contract includes a written FAR E-Verify clause. Only federal contracts awarded and solicitations issued after September 8, 2009, will include the FAR E-Verify clause that requires federal contractors to use E-Verify. Your government contracting official will determine whether your contract qualifies for the FAR E-Verify clause, based on the criteria below. Subcontracts for more than $3,500 for services or construction also qualify for the FAR E-Verify clause.

If your federal contract contains the FAR E-Verify clause, subject to certain exceptions as described in the E-Verify federal contractor rule and this manual, you must use E‑Verify to confirm the employment eligibility of:

  • All persons hired during a contract term, and
  • Current employees who perform work under that federal contract within the United States.

To verify these individuals, you must:

  • Enroll in E-Verify within 30 calendar days of the contract award date, and
  • Use E-Verify to verify that all your new hires and existing employees working directly on federal contracts are authorized to work in the United States.

If your federal contract does not include the FAR E-Verify clause, you are not required to enroll in and use E-Verify as a federal contractor, but may participate voluntarily. Only federal contractors with the FAR E-Verify clause and covered subcontractors are permitted to create E-Verify cases for existing employees.

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