22.1801
Definitions
For E-Verify compliance under FAR Subpart 22.18, contractors must correctly identify covered employees, covered subcontracts, and whether supplied items truly qualify as COTS, because those definitions drive when verification obligations apply.
Overview
- FAR 22.1801 provides the core definitions used in Subpart 22.18 – Employment Eligibility Verification. These definitions determine when E-Verify-related contract requirements apply and which workers, supplies, and lower-tier agreements are covered.
- For contractors, the section is important because coverage under the employment eligibility verification clause depends on whether workers are employees assigned to the contract, whether an item qualifies as a COTS item, and whether work is performed in the United States.
Key Rules
- COTS item
- A COTS item must be a commercial product, sold in substantial quantities in the commercial marketplace, and offered to the Government without modification in the same form. Bulk cargo is expressly excluded.
- Employee assigned to the contract
- This means an employee hired after November 6, 1986 (or after November 27, 2009, in the Commonwealth of the Northern Mariana Islands) who directly performs work in the United States under a contract containing the clause at 22.1803. Employees performing only indirect or overhead support, without substantial contract duties, are excluded.
- Subcontract / Subcontractor / United States
- The section broadly defines subcontracting relationships and clarifies the U.S. geographic scope, including territories such as Puerto Rico, Guam, CNMI, and the U.S. Virgin Islands.
Responsibilities
- Contracting Officers: apply these definitions when determining clause coverage and subcontract flowdown.
- Contractors: identify covered employees, distinguish direct from indirect support work, and assess whether supplied items are COTS.
- Agencies: ensure consistent interpretation of E-Verify applicability across prime contracts and subcontracts.
Practical Implications
- This section exists to prevent confusion about who must be verified and when Subpart 22.18 applies.
- It affects hiring, subcontract administration, and supply classification decisions.
- Common pitfalls include misclassifying support staff as covered employees, overlooking territorial coverage, and assuming all commercial items are COTS.