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Federal Contracts and E-Verify

Presented by: Janet Daley, Business Manager, Geophysical Institute Maggie Griscavage, Director, OGCA. Federal Contracts and E-Verify.

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Federal Contracts and E-Verify

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  1. Presentedby: Janet Daley, Business Manager, Geophysical Institute Maggie Griscavage, Director, OGCA Federal Contracts and E-Verify

  2. This presentation is intended for an audience of individuals who need to know about, but will not necessarily be responsible for, the mechanics of implementing the documentation or actual verification process itself, and ensuring E-Verify assurance is in place. • Anticipated audience: • Principal Investigators • Departmental fiscal officers and technicians • Departmental grant technicians Disclaimer

  3. Agenda • E-Verify Requirements • Process for new federal contracts • Process for existing employees • Process for new employees • Penalties for noncompliance • Process for subcontractors • Resources

  4. What is E-Verify? E-Verify is an Internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their employees.  Who is required to use E-verify? All employers with federal contracts that meet certain requirements are required to use E-Verify. For UAF, Human Resources will be our only point-of-contact with E-Verify. E-verify Requirements

  5. Defense Acquisition Regulations Council amended the Federal Acquisition Regulation (FAR) to reflect this change • Contract Officers will insert clauses in new contracts and solicitations. • In addition, certain existing government contracts may be amended to include the requirements. • 48 CFR Parts 2, 22 and 52 How do you know your contract has this requirement?

  6. The E-Verify clause will be invoked for prime federal contracts with a value above the simplified acquisition threshold ($100,000), and a period of performance longer than 120 days. Not all contracts will have the Clause

  7. Executive Order 13465 ‘‘Economy and Efficiency in Government Procurement through Compliance with Certain Immigration and Nationality Act Provisions and the Use of an Electronic Employment Eligibility Verification System.’’ • Title 48: Federal Acquisition Regulations System, Part 52 – Solicitation Provisions and Contract Clauses • Subpart 52.2 – Text of Provisions and Clauses Citations:

  8. When a department receives notice of a new federal contract award that requires E-Verify: • Department should check HR Banner Screen PEA2EMP to see if current employee(s) that will be working on the award has an E-Verify date. • Example: Process for New Federal Contracts

  9. If the employee does NOT have E-Verify status, department must notify the HR office prior to or within three days of the employee working on the contract. • The HR office will use existing I-9 information for processing. If the I-9 on file is no longer valid, the HR office will contact the department for a valid form. Process for existing employees

  10. The HR office will process the employee through E-Verify and notify the department of the status. Budget may not be set-up in Banner until all direct-charge employees on the contract have been processed through E-Verify. Process for Existing Employees (continued)

  11. When a recruitment is completed for a job that is funded by a federal contract that requires E-Verify then: • Department should check the box (under construction) in the UAKJobs posting that indicates the job will be assigned to a federal contract that requires E-Verify Process for New Employees

  12. The employee must provide his or her SSN in Section 1 of Form I-9 as part of the verification process. • If an employee has applied for but not yet received his or her SSN, all payroll must be charged to the department’s general fund until the number is received and the E-Verify process is completed.  Once the process is successfully completed, HR will assign the E-Verify date and labor reallocations will be processed. Social Security Number question…

  13. Once the job offer has been made and the offer accepted, the new employee should submit a completed I-9 form with the applicable documentation. This can be done prior to start date of employment. These documents should be delivered personally or by courier to the HR office for processing in E-Verify prior to or within three days of the employee starting work. • The HR office will process the employee through E-Verify and notify the department of the status. Process for New Employees (continued)

  14. The department should send a copy of the confirmation with the original I-9 documents to the HR office as a part of the new hire packet. You must continue to use E-Verify for the life of the contract for any direct hires on the contract, no matter at what point they do work on that contract (not just at the beginning). Process… continued..

  15. E-Verify actions may return questionable results during the validation process. HR will immediately notify the individual of the result. The individual will have a window of opportunity to challenge the results before a final determination is made. • Individual(s) may continue to work against fund one until the challenge is complete. Authorization

  16. If the E-Verify system responds that the employee is not authorized to work, ALL employment will be terminated with the University of Alaska IMMEDIATELY. NOTE: This includes jobs that are not funded by federal contract. Work not Authorized

  17. If the E-Verify process is not completed within the three days of the employee starting work on the federal contract then all labor costs shall be charged to the department’s general fund. Labor that has been charged to general funds can only be reallocated back to three days prior to the actual E-Verify date. The following transactions will not be allowed until the E-Verify process is completed: • Job changes • Timesheet Overrides • Labor Reallocations Penalties for Noncompliance

  18. If a subcontract is required to contain the E-Verify requirement, then: • The Procurement office will insert the applicable E-Verify clause in the subcontract • The Procurement office will have the subcontractor sign the “Subcontract Compliance & Assurance Statement.” • The subcontractor is responsible for processing their employees that are working on the subcontract through E-Verify. • The Procurement office is responsible to assure that the subcontractor is compliant with the E-Verify requirement. Process for Subcontractors

  19. SUBCONTRACT COMPLIANCE & ASSURANCE STATEMENT • E-Verify & Code of Business Ethics and Conduct • The Subcontractor shall comply with the FAR clauses that the Contracting Officer has indicated as being incorporated in this Subcontract by reference to implement provisions of law or Executive orders. • 1. SUBCONTRACTING ENTITY (SUBCONTRACTOR) • 2. SUBCONTRACT NO. • 3. PROJECT TITLE • FAR Clause 52.222-54, Employment Eligibility Verification (E-Verify) • This Subcontract is subject to the requirements of FAR clause 52.222-54, Employment Eligibility Verification. The Subcontractor agrees to assume primary responsibility for complying with both the intent and the procedures of 52.222-54 as prescribed by 22.1803. The Subcontractor agrees to include this clause in all applicable lower-tier Subcontracts. • In accordance with the Subcontract General Provisions, the University of Alaska and its primary funding source may at reasonable times and places, audit the books and records of the Subcontractor and its lower-tier Subcontractors to assure compliance with this requirement.

  20. Employee assigned to the contract means an employee who was hired after November 6, 1986, (when I-9’s were first required) who is directly performing work, in the United States, under a contract that is required to include the clause. • Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. • COTS: Commercial off-the-shelf item Definitions

  21. Subcontract means any contract…. 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. • (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.

  22. Resources Your departmental PPA. The UA E-Verify FAQ at: www.alaska.edu/hr/procedures/PDF/personnel.reference.everify_faq.pdf Federal Forms and Procedures: http://www.dhs.gov/E-Verify http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm

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