RE: [RESADM-L] E-Verify question for those who do not e-verify all employees

I don't blame them for being confused, because this clause is confusing. You have to look at the parts that apply to the exception listed in (3) below)

From FAR 52.222-54 Employment Eligibility Verification (Jan 2009):

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall—

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of—

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). *

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.

*(--which tells you that you can choose to enroll everyone if you want to, but we already know you did not choose this option)

Therefore, if you are already enrolled in E-Verify for 90 days at time of award, and you meet the exception in (3) above, you have 90 calendar days from the date of award--not to be confused with the start date of performance-- or 30 days from when they are assigned to the contract, whichever is later--the 3-day rule doesn't apply unless you enroll everyone--to attempt to enroll them in E-Verify.

So, if on 9/13/10 you receive a new federal award containing the E-Verify clause and the period of performance starts 7/1/10 and the award is issued on/dated 9/10/10, you have until 12/10/10 to enroll anyone who is assigned to the contract effective 7/1/10 thru 11/10/10 and 30 days after they are assigned to the contract for everyone else.

If they don't have a SSN, then you might have longer, because you can't enroll them until they get one.

Hope this helps.

BARBARA KOURY KORZYK, MBA

Grants and Contracts Manager