SUPPLEMENTAL GUIDE FOR FEDERAL CONTRACTORS

5.4 CONTRACTS EXEMPT FROM THE FEDERAL ACQUISITION REGULATION (FAR) E-Verify FEDERAL CONTRACTOR RULE

Companies whose contracts are exempt from the E-Verify federal contractor rule are not required to enroll in E-Verify. A contract is considered exempt if any one of the following applies:

  • It is for fewer than 120 days.
  • It is valued at less than the simplified acquisition threshold.
  • All work is performed outside the United States.
  • It includes only commercially available off-the-shelf (COTS) items and related services.

Your company may voluntarily enroll in E-Verify at any time, but you may not create cases for existing employees unless you hold a federal contract that includes the FAR E-Verify clause and are enrolled in E-Verify as a ‘Federal Contractor with the FAR E‑Verify clause.’ If your company is awarded a federal contract in the future that includes the FAR E-Verify clause, then you must enroll as a ‘Federal Contractor with the FAR E-Verify clause’ and use E-Verify at that time.

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