Certain federal contracts require the use of E-Verify, an electronic employment verification system, to verify the employment status of all new hires and current employees assigned to these federal contracts or grants.
Please review the following information and related links for help with this system.
What is E-Verify?
- E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS) under the U.S. Citizenship and Immigration Services (USCIS) to verify employment eligibility based on information provided by an employee's Form I-9.
- Information is electronically verified against records contained in DHS and the Social Security Administration (SSA) databases.
What are E-Verify Requirements?
- Under the final rule - FAR 1.108(d), UC, along with other Institutions of Higher Education, UC is required to enroll in E-Verify once awarded a federal contract or subcontract that requires participation in E-Verify as the term of the contract.
- When UC is awarded a federal contract that contains the FAR E-Verify clause, UC, as the contractor and any covered subcontractors on the project, must enroll within 30 calendar days of the contract/subcontract award date.
- UC must also post the Right to Work poster and the E-Verify Notice.
What is the E-Verify Clause?
- The final rule requires the government to insert the E-Verify clause into applicable Federal contracts, committing government contractors to use the E-Verify system for their newly hired and existing employees assigned to such Federal contracts.
What is a FAR clause?
- Federal Acquisition Regulation (FAR) is a set of rules and regulations used to manage the way the Federal Government acquires supplies and services with appropriated funds.
Which Federal Contracts Apply?
- All federal contracts containing the FAR E-Verify clause.
- The federal contract must also have a value above $100,000, a performance period longer than 120 days, and the performance must be within the United States.
- Indefinite-delivery/indefinite-quantity (IDIQ) contracts that have been modified after the September 8, 2009 effective rule date on a bilateral basis, in accordance with FAR 1.108(d)(3), to include the clause for future orders.
- For IDIQ contracts, the remaining period of performance must extend 6 months after the final rule effective date, and the amount of work expected under the remaining performance period is "substantial."
Which Federal Subcontracts Apply?
- A subcontract based on a prime contract with the E-Verify clause which is for services or construction and has a value above $3000.
- Exception: Grants are not subject to the rule. Only qualified federal contracts and subcontracts, as described above, are subject to the E-Verify requirement.
Why is UC Required to Comply?
- Potential fines for non-compliance
- Potential loss of existing contract
A federal contractor risks debarment from future federal contracts if it does not comply with E-Verify.
Campus Contact Information
Phone: (510) 664-9000
Fax: (510) 642-1882