5.2 How to Determine if your Federal Contract Qualifies

Your government contracting official, not E-Verify, will decide if your federal contract qualifies for the Federal Acquisition Regulation (FAR) E-Verify clause. To qualify, the contract must meet the following criteria:

• The contract was awarded on or after the E-Verify federal contractor rule effective date of September 8, 2009, and includes the FAR E-Verify clause.
• The contract has a period of performance that is for 120 days or more.
• The contract's value exceeds $150,000;
• At least some portion of the work under the contract is performed in the United States.

If you have questions about your federal contract status under the E-Verify federal contractor rule:

• Check with your government contracting official and staff to clarify your obligations.
• Speak with your legal counsel.