FAR 22.1800—Scope.
Plain-English Summary
FAR 22.1800 is the scope statement for the E-Verify subpart. It explains that this subpart sets out the policies and procedures requiring certain federal contractors to use the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) employment eligibility verification program, known as E-Verify, to confirm the work authorization of covered employees. In practice, this section tells contractors and contracting officers that the government is not creating a general immigration compliance program here; it is specifically directing use of E-Verify as the verification tool for employees who fall within the subpart’s coverage. The section matters because it frames when E-Verify requirements apply, what program must be used, and why the government is imposing the requirement in federal contracting. It also signals that the detailed rules on who is covered, when verification must occur, and how the process works are found in the rest of the subpart, not in this scope statement itself.
Key Rules
E-Verify is the required tool
This subpart requires contractors to use DHS/USCIS E-Verify as the means of verifying employment eligibility for certain employees. Contractors do not have discretion to substitute another verification method when this subpart applies.
Applies to certain employees only
The requirement is not universal for every worker on every contract. It applies only to the specific employees covered by the subpart’s implementing rules, which are addressed in the later sections of the subpart.
Implements policy and procedure
This section is not just a statement of policy; it introduces the procedures contractors and contracting officers must follow to carry out the E-Verify requirement. The operational details are contained in the remainder of the subpart.
Federal contracting compliance focus
The purpose of the subpart is to integrate employment eligibility verification into federal procurement administration. In practice, this means E-Verify becomes a contract compliance requirement when the subpart is incorporated into a solicitation or contract.
Responsibilities
Contracting Officer
Identify when the E-Verify subpart applies and ensure the requirement is incorporated into the solicitation and contract as required by the FAR and agency procedures.
Contractor
Use DHS/USCIS E-Verify to verify the employment eligibility of covered employees when the subpart applies, and follow the detailed procedures in the rest of the subpart and the contract.
Agency
Administer and enforce the E-Verify policy through procurement clauses, guidance, and oversight so that covered contracts use the required verification process.
DHS/USCIS
Provide and operate the E-Verify employment eligibility verification program that contractors must use under this subpart.
Practical Implications
Contractors should treat this as a contract compliance requirement, not just an HR best practice, because failure to use E-Verify when required can create contractual risk.
The main pitfall is assuming all employees or all contracts are covered; the actual coverage rules are in later sections, so contractors must confirm applicability before taking action.
Contracting officers need to make sure the clause and related requirements are properly included, because the scope section only establishes the program and purpose, not the mechanics.
Because the section points to DHS/USCIS E-Verify, contractors should be prepared to register, maintain internal procedures, and coordinate HR and contract administration functions when coverage applies.
Official Regulatory Text
This subpart prescribes policies and procedures requiring contractors to utilize the Department of Homeland Security (DHS), United States Citizenship and Immigration Service’s employment eligibility verification program (E-Verify) as the means for verifying employment eligibility of certain employees.