News Updates

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E-Verify for Federal Contractors postponed until May 21, 2009

On January 5, 2009, LMAC published a Spotlight Topic regarding the E-Verify requirement for federal contractors and subcontractors to verify their employees’ eligibility to legally work in the U.S., as defined by the Federal Acquisition Regulation ("FAR").  An update to the article was published on January 9, 2009.  The purpose of the article was to inform companies that the implementation of the FAR E-Verify requirement had been delayed from January 15, 2009 to February 20, 2009 due to a complaint filed on December 23, 2008 by the Chamber of Commerce of the United States of America and others with the U.S. District Court of Maryland, Southern District.

We have recently learned that the Federal government plans to publish a notice in the Federal Register this Friday, January 30, 2009, postponing the implementation of the regulation and the E-Verify requirement for federal contractors and subcontractors until May 21, 2009.  This delay in the implementation was agreed upon by the litigants in the lawsuit in order to allow President Barrack Obama's Administration an opportunity to review the rule.

Pursuant to this new applicability date, any solicitations that occur prior to May 21, 2009 would not contain the contract clauses that the FAR E-Verify rule would impose on federal contractors and subcontractors.

Please check back for more updates as this federal contractor E-Verify regulation saga continues.  


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