52.222-54
Employment Eligibility Verification
Federal contractors must use E-Verify to confirm employment eligibility of employees working on covered contracts and ensure compliance is flowed down to eligible subcontractors.
Overview
FAR 52.222-54, Employment Eligibility Verification, requires federal contractors to use the E-Verify system to confirm the employment eligibility of employees working in the United States on covered federal contracts. The clause defines key terms, outlines enrollment and verification timelines, and specifies which employees and subcontractors are subject to these requirements. It also provides exceptions for certain employees and organizations, and details the process for compliance, including actions to take if E-Verify access is terminated.
Key Rules
- E-Verify Enrollment and Use
- Contractors not enrolled in E-Verify at award must enroll within 30 days and begin verifying new hires and assigned employees within specified timeframes.
- Verification of Employees
- All new hires and employees assigned to the contract must be verified through E-Verify, with specific deadlines based on enrollment status.
- Special Provisions for Certain Entities
- Institutions of higher education, state/local/tribal governments, and sureties may limit verification to employees assigned to the contract.
- Option to Verify All Employees
- Contractors may choose to verify all employees hired after November 6, 1986, not just those assigned to the contract.
- Subcontractor Flowdown
- The clause must be included in subcontracts for services or construction over $3,500 performed in the U.S., with certain COTS exceptions.
- Exceptions
- Employees previously verified, holding security clearances, or with HSPD-12 credentials are exempt from re-verification.
Responsibilities
- Contracting Officers: Ensure inclusion of the clause in applicable contracts and subcontracts.
- Contractors: Enroll in E-Verify, verify required employees within deadlines, flow down requirements to eligible subcontractors, and maintain compliance with the E-Verify MOU.
- Agencies: Monitor contractor compliance and address issues related to E-Verify access or MOU termination.
Practical Implications
- This clause ensures only eligible individuals work on federal contracts, reducing risk of unauthorized employment. Contractors must manage E-Verify processes, track deadlines, and ensure proper flowdown to subcontractors. Common pitfalls include missing verification deadlines, failing to include the clause in subcontracts, or misunderstanding exceptions.