Federal Acquisition Regulation; Federal Acquisition Circular 2005-29; Small Entity Compliance Guide, 67705-67706 [E8-26905]
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Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
(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 section 3 of the Shipping Act of 1984 (46
U.S.C. App. 1702), 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, 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, 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
VerDate Aug<31>2005
17:48 Nov 13, 2008
Jkt 217001
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, 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,
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.dhs.gov/E-Verify.
(d) Individuals previously verified. The
Contractor is not required by this clause to
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67705
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) Commercial or
noncommercial 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 $3,000; and
(3) Includes work performed in the United
States.
(End of clause)
[FR Doc. E8–26904 Filed 11–13–08; 8:45 am]
BILLING CODE 6820–EP–P ?≤
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2008–0003, Sequence 4]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–29;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCIES:
SUMMARY: This document is issued
under the joint authority of the
Secretary of Defense, the Administrator
of General Services and the
Administrator of the National
Aeronautics and Space Administration.
This Small Entity Compliance Guide has
been prepared in accordance with
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996. It consists of a summary of the
E:\FR\FM\14NOR3.SGM
14NOR3
67706
Federal Register / Vol. 73, No. 221 / Friday, November 14, 2008 / Rules and Regulations
rule appearing in Federal Acquisition
Circular (FAC) 2005–29 which amends
the FAR. An asterisk (*) next to a rule
indicates that a regulatory flexibility
analysis has been prepared. Interested
parties may obtain further information
regarding this rule by referring to FAC
2005–29 which precedes this document.
These documents are also available via
the Internet at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Laurieann Duarte, Regulatory
Secretariat, (202) 501–4225. For
clarification of content, contact the
analyst whose name appears in the table
below.
RULE LISTED IN FAC 2005–29
Item
Subject
* I .............................
Employment Eligibility Verification .............................................................................
A
summary of the FAR rule follows. For
the actual revisions and/or amendments
to this FAR case, refer to FAR Case
2007–013.
FAC 2005–29 amends the FAR as
specified below:
SUPPLEMENTARY INFORMATION:
Item I—Employment Eligibility
Verification (FAR Case 2007–013)
mstockstill on PROD1PC66 with RULES3
This final rule implements Executive
Order 12989, as amended June 6, 2008,
and the selection of the Secretary for
Homeland Security of the E-Verify
system as the electronic system to be
used for certain contractors and
subcontractors as the means of verifying
that certain of their employees are
eligible to work in the United States.
This final rule inserts a clause into
Federal contracts that are above the
simplified acquisition threshold and
have a performance period of at least
120 days, committing Government
contractors to use the U.S. Citizenship
and Immigration Services’ E-Verify
system to verify that all of the
contractors’ new hires, and all
employees (existing and new) directly
performing work under Federal
VerDate Aug<31>2005
17:48 Nov 13, 2008
Jkt 217001
FAR case
contracts, are authorized to work in the
United States.
Exemptions include contracts that are
for commercially available off-the-shelf
(COTS) items and items that would be
COTS items but for minor
modifications. The final rule requires
prime contractors to include the clause
in subcontracts over $3,000 for services
or for construction.
In exceptional circumstances, a head
of the contracting activity, without
power of redelegation, is authorized to
waive the requirement to include the
clause.
In response to public comments, the
final rule significantly extends the
timelines for registering, beginning to
use the system for new and existing
employees, and using the program to
initiate verification of new hires.
Applicability to certain entities was
limited in the following ways:
• Institutions of higher education
need only verify employees assigned to
a covered Federal contract.
• State and local governments and
Federally Recognized Indian Tribes
need only verify employees assigned to
a covered Federal contract.
PO 00000
Frm 00058
Fmt 4701
Sfmt 4700
2007–013
Analyst
Murphy.
• Sureties performing under a
takeover agreement entered into with a
Federal agency pursuant to a
performance bond need only verify
employees assigned to the covered
Federal contract.
In addition, the final rule exempts
from verification requirements (a)
employees who hold an active security
clearance of confidential, secret, or top
secret and (b) employees for whom
background investigations have been
completed and credentials issued
pursuant to Homeland Security
Presidential Directive (HSPD)-12.
Contractors concerned with costs
associated with identifying and
separating existing employees assigned
to a Federal contract, for the purpose of
E-Verify, are provided the option of
verifying all employees of the
contractor, including any existing
employees not currently assigned to a
Government contract.
Dated: November 6, 2008.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8–26905 Filed 11–13–08; 8:45 am]
BILLING CODE 6820–EP–P
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]]>Agencies
[Federal Register Volume 73, Number 221 (Friday, November 14, 2008)]
[Rules and Regulations]
[Pages 67705-67706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26905]
=======================================================================
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2008-0003, Sequence 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-29; Small Entity Compliance Guide
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
Administrator of the National Aeronautics and Space Administration.
This Small Entity Compliance Guide has been prepared in accordance with
Section 212 of the Small Business Regulatory Enforcement Fairness Act
of 1996. It consists of a summary of the
[[Page 67706]]
rule appearing in Federal Acquisition Circular (FAC) 2005-29 which
amends the FAR. An asterisk (*) next to a rule indicates that a
regulatory flexibility analysis has been prepared. Interested parties
may obtain further information regarding this rule by referring to FAC
2005-29 which precedes this document. These documents are also
available via the Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Laurieann Duarte, Regulatory
Secretariat, (202) 501-4225. For clarification of content, contact the
analyst whose name appears in the table below.
Rule Listed in FAC 2005-29
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
* I................................ Employment Eligibility 2007-013 Murphy.
Verification.
----------------------------------------------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: A summary of the FAR rule follows. For the
actual revisions and/or amendments to this FAR case, refer to FAR Case
2007-013.
FAC 2005-29 amends the FAR as specified below:
Item I--Employment Eligibility Verification (FAR Case 2007-013)
This final rule implements Executive Order 12989, as amended June
6, 2008, and the selection of the Secretary for Homeland Security of
the E-Verify system as the electronic system to be used for certain
contractors and subcontractors as the means of verifying that certain
of their employees are eligible to work in the United States. This
final rule inserts a clause into Federal contracts that are above the
simplified acquisition threshold and have a performance period of at
least 120 days, committing Government contractors to use the U.S.
Citizenship and Immigration Services' E-Verify system to verify that
all of the contractors' new hires, and all employees (existing and new)
directly performing work under Federal contracts, are authorized to
work in the United States.
Exemptions include contracts that are for commercially available
off-the-shelf (COTS) items and items that would be COTS items but for
minor modifications. The final rule requires prime contractors to
include the clause in subcontracts over $3,000 for services or for
construction.
In exceptional circumstances, a head of the contracting activity,
without power of redelegation, is authorized to waive the requirement
to include the clause.
In response to public comments, the final rule significantly
extends the timelines for registering, beginning to use the system for
new and existing employees, and using the program to initiate
verification of new hires.
Applicability to certain entities was limited in the following
ways:
Institutions of higher education need only verify
employees assigned to a covered Federal contract.
State and local governments and Federally Recognized
Indian Tribes need only verify employees assigned to a covered Federal
contract.
Sureties performing under a takeover agreement entered
into with a Federal agency pursuant to a performance bond need only
verify employees assigned to the covered Federal contract.
In addition, the final rule exempts from verification requirements
(a) employees who hold an active security clearance of confidential,
secret, or top secret and (b) employees for whom background
investigations have been completed and credentials issued pursuant to
Homeland Security Presidential Directive (HSPD)-12. Contractors
concerned with costs associated with identifying and separating
existing employees assigned to a Federal contract, for the purpose of
E-Verify, are provided the option of verifying all employees of the
contractor, including any existing employees not currently assigned to
a Government contract.
Dated: November 6, 2008.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8-26905 Filed 11-13-08; 8:45 am]
BILLING CODE 6820-EP-P
