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....