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Georgia county bid wants an E-Verify affidavit from us and our sub. What does that actually cover?

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County bid for temporary clerical staff just came across my desk, and the forms packet has a contractor affidavit asking for our E-Verify user ID. It says it's required under state law. There's a separate subcontractor affidavit in there too.

We've never enrolled in E-Verify. Our federal work so far has been small orders where the E-Verify clause wasn't in the contract, so it never came up.

Two things I can't get from the packet. If we enroll now, do the temps already on our payroll have to be run through it, or only people we hire after enrolling? And we'd bring in a smaller staffing firm for overflow on this one. Do they need their own enrollment and their own affidavit, and is it on me to collect it?

Do we have to be enrolled before bid day, or is this something we can sort out after award?

asked Keisha W. Owner, women-owned staffing firm · Marietta, GA · 78 rep

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O.C.G.A. 13-10-91(b)(1) requires a signed, notarized contractor affidavit with your E-Verify user identification number and date of authorization in the bid before the county can consider it. Enroll and get that affidavit done before bid day. Waiting until after award fails the statute.

The federal work authorization program in O.C.G.A. 13-10-90(3) verifies newly hired employees. Temps already on your payroll are not run through E-Verify under that baseline. People you hire after enrollment are.

Your overflow staffing firm is a subcontractor under O.C.G.A. 13-10-90(6), which expressly includes a staffing agency. They enroll under their own account and give you their own affidavit with their user ID and authorization date. O.C.G.A. 13-10-91(b)(3) and (b)(6) put the duty on you to collect that affidavit and submit copies to the public employer within five business days of receipt.

Federal contracts sit on a different clock. FAR 52.222-54 lets a contractor enroll within 30 calendar days of award and also requires verification of employees assigned to the contract, not just new hires. The Georgia county form is the state statute, not the FAR clause.

I handle these affidavits for several small clients. Check the packet for any county-specific deadline language on top of 13-10-91, and make sure the notarized form has the project name, contractor name, public employer, and employment eligibility fields the Department of Audits and Accounts form expects.

answered Darlene S. Bookkeeper for several small contractors · Wichita, KS · 82 rep

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Sign up to answerCite the FAR clause or procurement code where you can.