52.222-54 Employment Eligibility

Verification.

As prescribed in 22.1803 , Insert the following clause:

Employment Eligibility Verification (May 2022)

(a) Definitions. As used in this clauseCommercially available off-the-shelf (COTS) item—

(1) Means any item of supply that is—

(i) A commercial product (as defined in paragraph (1) of the definition of “commercial product” at

Federal Acquisition Regulation (FAR) 2.101);

(ii) Sold in substantial quantities in the commercial marketplace; and

(iii) Offered to the Government, without modification, in the same form in which it is sold in the

commercial marketplace; and

(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and

petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in

bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous

characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is

subject to mark and count and, therefore, ceases to be bulk cargo.

Employee assigned to the contract means an employee who was hired after November 6, 1986 (after

November 27, 2009 in the Commonwealth of the Northern Mariana Islands), who is directly

performing work, in the United States, under a contract that is required to include the clause

prescribed at 22.1803. An employee is not considered to be directly performing work under a

contract if the employee-

(1) Normally performs support work, such as indirect or overhead functions; and

(2) Does not perform any substantial duties applicable to the contract.

Subcontract means any contract, as defined in 2.101, entered into by a subcontractor to furnish

supplies or services for performance of a prime contract or a subcontract. It includes but is not

limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to

or for a prime Contractor or another subcontractor.

United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia,

Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.

(b) Enrollment and verification requirements.

(1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the
Contractor shall-

(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract

award;

(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin

to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor,

who are working in the United States, whether or not assigned to the contract, within 3 business

days after the date of hire (but see paragraph (b)(3) of this section); and

(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate

verification within 90 calendar days after date of enrollment or within 30 calendar days of the

employee’s assignment to the contract, whichever date is later (but see paragraph (b)(4) of this

section).

(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the

Contractor shall use E-Verify to initiate verification of employment eligibility of-

(i) All new employees.

(A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of

the Contractor, who are working in the United States, whether or not assigned to the contract,

within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or

(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal

Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor,

who are working in the United States, whether or not assigned to the contract, within 3 business

days after the date of hire (but see paragraph (b)(3) of this section); or

(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor

shall initiate verification within 90 calendar days after date of contract award or within 30 days after

assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).

(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or

local government or the government of a Federally recognized Indian tribe; or a surety performing

under a takeover agreement entered into with a Federal agency pursuant to a performance bond,

the Contractor may choose to verify only employees assigned to the contract, whether existing

employees or new hires. The Contractor shall follow the applicable verification requirements at

(b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies

only to new employees assigned to the contract.

(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all

existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth

of the Northern Mariana Islands), rather than just those employees assigned to the contract. The

Contractor shall initiate verification for each existing employee working in the United States who

was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern

Mariana Islands), within 180 calendar days of-

(i) Enrollment in the E-Verify program; or

(ii) Notification to E-Verify Operations of the Contractor’s decision to exercise this option, using the

contact information provided in the E-Verify program Memorandum of Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the

requirements of the E-Verify program MOU.

(i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may

terminate the Contractor’s MOU and deny access to the E-Verify system in accordance with the

terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment

official.

(ii) During the period between termination of the MOU and a decision by the suspension or

debarment official whether to suspend or debar, the Contractor is excused from its obligations under

paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or

debar the Contractor, then the Contractor must reenroll in E-Verify.

(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the

Internet at the Department of Homeland Security Web site: https://www.e-Verify.gov.

(d) Individuals previously verified. The Contractor is not required by this clause to perform

additional employment verification using E-Verify for any employee-

(1) Whose employment eligibility was previously verified by the Contractor through the E-Verify

program;

(2) Who has been granted and holds an active U.S. Government security clearance for access to

confidential, secret, or top secret information in accordance with the National Industrial Security

Program Operating Manual; or

(3) Who has undergone a completed background investigation and been issued credentials pursuant

to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard

for Federal Employees and Contractors.

(e) Subcontracts. The Contractor shall include the requirements of this clause, including this

paragraph (e) (appropriately modified for identification of the parties), in each subcontract that-

(1) Is for—

(i) Services (except for commercial services that are part of the purchase of a COTS item (or an item

that would be a COTS item, but for minor modifications), performed by the COTS provider, and are

normally provided for that COTS item); or

(ii) Construction;

(2) Has a value of more than $3,500; and

(3) Includes work performed in the United States.

(End of clause)

Parent topic: 52.222 [Reserved]