The contractor’s obligations, including the requirement to use E-Verify, continue until the contract is closed not just for the period of contract performance. As a general rule, just because the period of contract performance has come to an end does not mean the contract is closed. Please consult with your contracting officer and see the Disputes Act found at 41 U.S.C. 601-613 regarding contract closure and period of performance.
If a company is:
- Already enrolled in E-Verify as a Federal contractor with the FAR E-Verify clause
- Receives a subsequent federal contract with the FAR E-Verify clause
The company must continue to initiate verification of newly hired employees within three business days of their start date; however the company will have 90 days from the award date of the subsequent contract to create an E-Verify case for existing non-exempt employees working on the subsequent contract.
The additional 90-day period does not apply to companies that have chosen to verify their entire workforce. Companies also do not receive an additional 30 days to enroll or update their Company Profile since they enrolled as a Federal contractor with the FAR E-Verify clause when the initial federal contract with the FAR E-Verify clause was awarded.
See the E-Verify Supplemental Guide for Federal Contractors at www.dhs.gov/e-verify.´
Workers assigned to a Federal contract that contains the FAR E-Verify clause must be verified in E-Verify. The staffing agency must verify the employment authorization of workers it places in a pool to be referred to an assignment.
You must ensure by whatever means you consider appropriate that the staffing agency verified your temporary workers in E-Verify. Staffing agencies can provide proof of enrollment in E-Verify to you, the employer, by printing the screen on their Maintain Company page in E-Verify. For specific information about the verification of an individual employee in E-Verify, please contact the staffing agency.
If you prefer to handle verification of temporary employees yourself, you may choose to enroll as a designated agent and initiate queries for temporary employees that are provided by the agency. You will need access to the employee’s Form I-9 in order to enter the employee’s information into E-Verify.
All queries initiated within the 90-day timeframe meet the time requirement for the FAR. Case completion times may vary and fall outside the 90-day period. Once you receive a final answer from E-Verify, you must resolve and close the case.