What Types of Contracts Are Subject to the Rule?
Existing federal contracts and subcontracts are not subject to the new regulations unless and until the contract is modified to include an E-Verify clause. A contractor or subcontractor only becomes subject to these E-Verify requirements upon signing a federal contract on or after September 8, 2009 that contains the relevant E-Verify clause. The following types of contracts signed on or after September 8, 2009 will be required to contain the E-Verify clause: • Contracts for work to be performed in the United States with a period of performance of more than 120 days and with value of more than $100,000, unless the contract is exclusively for commercially available off-the-shelf (“COTS”) items; and, • Subcontracts for services, including construction, with a value of at least $3,000 where the primary contract contains the E-Verify clause. If a federal contract contains the E-Verify clause, the regulations require that the contractors and subcontractors utilize E-Verify to verify the work
