22.1801
Definitions
FAR 22.1801 defines key terms that determine which employees, products, and subcontracts are subject to employment eligibility verification requirements under federal contracts.
Overview
FAR 22.1801 provides key definitions used throughout Subpart 22.18, which addresses Employment Eligibility Verification requirements for federal contracts. Understanding these definitions is essential for proper compliance with E-Verify and related employment eligibility obligations. The section clarifies what constitutes a commercially available off-the-shelf (COTS) item, who is considered an employee assigned to the contract, and the distinctions between subcontract, subcontractor, and the geographic scope of "United States" for these requirements.
Key Rules
- COTS Item Definition
- Specifies that COTS items are commercial products sold in substantial quantities and offered to the government without modification, excluding bulk cargo.
- Employee Assigned to the Contract
- Defines which employees are subject to employment eligibility verification, focusing on those hired after specific dates and directly performing contract work in the U.S.
- Subcontract and Subcontractor
- Clarifies the broad scope of what constitutes a subcontract and who qualifies as a subcontractor under these rules.
- United States Definition
- Establishes the geographic boundaries for compliance, including territories and possessions.
Responsibilities
- Contracting Officers: Ensure contract clauses are applied correctly based on these definitions.
- Contractors: Identify which employees and subcontracts fall under E-Verify requirements using these definitions.
- Agencies: Oversee contractor compliance and proper application of definitions in contract administration.
Practical Implications
- These definitions determine the scope of E-Verify obligations and who must be verified.
- Misinterpretation can lead to noncompliance, especially regarding which employees or subcontracts are covered.
- Contractors must carefully assess their workforce and supply chain to ensure all relevant parties are included in employment eligibility verification processes.