David H. Nachman, Esq.
Thank you for your inquiry regarding use of E-Verify by financial institutions issuing U.S. Savings bonds under a federal contract. The response to the question is a two part response:
1) First, regarding use of E-Verify. The institution needs to evaluate any contracts awarded on or after January 15, 2009 and determine whether the contract: 1) is subject to the Federal Acquisitions Regulations; and 2) contains an E-Verify clause requiring the institution to enroll in and use E-Verify as a condition of the contract. If the institution has any indefinite goods/services contracts that extend for a minimum of six months beyond the January 15, 2009, they will also need to determine if the contract is subject to FAR provisions and needs to be modified to include the E-Verify clause (See FAR 1.108(d)(3)). In either event, if the contract is subject to the FAR and contains the E-Verify clause, the institution is required to enroll in and verify their employee’s eligibility using E-Verify. The best point of contact for contract specific questions is the department or individual responsible for administering the contract for the institution.
2) Second, regarding which employees to verify. If, based on the contract review, it is determined the institution has a contract subject to E-Verify requirements, the institution will be required to verify the following categories of employees:
There are specific roll-out timelines for the employer to implement use of E-Verify depending on whether they are choosing to verify only contract employees and new hires or are exercising the option to verify their entire workforce. We would highly encourage any of your constituent companies who are concerned about these issues or have additional questions about E-Verify and federal contractors to participate in an E-Verify for Federal Contractors webinar.
Please contact us with any additional questions or for information on how to register for E-Verify webinars.
Have a safe & Happy Thanksgiving.
Shannon E. Slattery