Trust, but E-Verify: A Cheat Sheet for Mandatory Employment Eligibility Verification by Federal Contractors

Sheppard Mullin Richter & Hampton LLP
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Introduction

The final rule mandating E-Verify for federal contractors became effective on September 8, 2009. The lawsuit that stayed implementation of E-Verify since January ended with the district court’s granting of the Government’s motion for summary judgment. As long as Congress continues to fund E-Verify, it should remain a permanent fixture of federal procurement.

Solicitations issued or contracts awarded after September 8 must now include Federal Acquisition Regulation (“FAR”) 52.222-54, Employment Eligibility Verification. FAR 52.222-54, which is a mandatory flowdown clause for commercial items, should then be flowed down by prime contractors to their subcontractors.

The Basic Requirements....

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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