Despite significant opposition to the proposed rule, the FAR Council issued Nov. 14 a final rule requiring federal contractors and subcontractors to confirm the employment eligibility of all existing employees who are directly performing work under a contract covered by the new rules.  The new E-Verify rules applies to contracts awarded after Jan 15, 2008 where period of performance exceeds 120 days and has a value of $100,000 and for subcontracts above $3,000 where the prime contract includes the E-Verify clause.  Existing indefinite delivery indefinite quantity contracts for future orders will be amended if the period of performance extends at least six months after Jan 15. Contracts that are for commercially available off-the¬shelf (COTS) items or those that would be COTS items but for minor modifications are not subject to the E-Verify requirements.  The Department of Homeland Security’s E-Verify system will be used (Fed Reg. 67649).

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