Amendment 06 pages 3-7.pdf

Amendment 06 8(a) STARS II Solicitation QTA609MCA0010

1. E-Verify:

The immediate change to the solicitation is that clause 52.222-54 (JAN 2009), contained in the solicitation within FAR clause 52.212-5 (JUNE 2009), is now activated/operative. Accordingly, an “X” is hereby placed above the “___” line preceding (b)(27) in FAR 52.212-5 (JUNE 2009) that is found in the FAR FULL TEXT PROVISIONS AND CLAUSES solicitation section.

2. Amendment 06 Context:

It is anticipated that there might be questions associated with the inclusion FAR 52.222-54. The following context-related topics and responses are provided, with the understanding that it is not within the province of the STARS II solicitation to justify to interested parties why E-Verify is required or how to utilize the E-Verify system, as there are different forums for such matters.

Information provided in “2. Amendment 06 Context:” is provided as a courtesy. IN

THE EVENT OF ANY DISCREPANCY BETWEEN THIS COURTESY INFORMATION AND THE E-VERIFY

REGULATIONS AND IMPLEMENTING PROCEDURES, THE E-VERIFY REGULATIONS AND

IMPLEMENTIN PROCEDURES PREVAIL.

The purpose of this amendment is to incorporate into the STARS II solicitation, and resulting contracts and task orders, the change to the Federal Acquisition Regulations (FAR) resulting from the E-Verify final rule found in Federal Acquisition Circular 29(FAC 2005-29) which was posted in the Federal Register November 14, 2008 (73 FR 67650). The FAC changes were effective January 15, 2009. However, in an Amendment to the FAC published January 14, 2009 (74 FR 1937) the effective date was changed to January 19, 2009 and the applicability date to February 20, 2009. The applicability date was subsequently changed through FAC Amendments 2-4, bringing the current applicability date to September 8, 2009 (see Amendment 4, 74 FR 26981).

As a result, those offerors that become STARS II prime contractor awardees, and their subcontractors, which are employers, will be required to begin using the U.S. Citizenship and Immigration Services’ E-Verify system after contract award, on the schedule indicated in the clause, in order to verify their employees’ eligibility to work in the United States.

The new rule implements Executive Order 12989, as amended on June 6, 2008, directing federal agencies to require federal contractors to electronically verify the employment eligibility of their employees. The amended Executive Order reinforces the policy, first announced in 1996, that the federal government conducts business with companies that employ eligible workers. This new rule requires federal contractors to use E-Verify to confirm the employment eligibility of all persons hired during the contract term, and to confirm the employment eligibility of federal contractors’ current employees who are assigned work on a federal contracts and orders within the United States.

Topic(T)1: What impact will the E-Verify clause, FAR 52.222-54, have on STARS II contractors?

Response(R)1: After STARS II contract award, under the E-Verify final rule, if not already enrolled, STARS II prime contractors and their subcontractors which are employers are required to enroll in E-Verify and initiate verification of all new employees and employees currently assigned to the contract (through a prime contract or subcontract) and all task orders resulting there from. If the STARS II contractor or subcontractor has already enrolled in E-Verify, they will need to update their profile through the “Maintain Company” page on the E-Verify website and verify all new employees and employees assigned to the STARS II contract (through a prime contract or subcontract). Once the STARS II prime contractor or their subcontractor that is an employer designates their organization as a federal contractor, all of the contractor’s E-Verify users will need to take a federal contractor tutorial that explains the new policies and features that are unique to federal contractors and their subcontractors.

T2: When does a STARS II contractor have to enroll in E-Verify?

R2: When a STARS II offeror is awarded a contract that includes the E-Verify clause, the STARS II contractor and any covered subcontractors that are employers are required to enroll in the E-Verify program within 30 calendar days of the STARS II contract or subcontract award date.

T3: How does a contractor enroll in E-Verify?

R3: Before any contractor or their subcontractor can start using E-Verify, they need to enroll in the program. They will be asked to provide some basic contact information for their organization and agree to follow the rules of the program. At the end of the enrollment process, they will be required to sign an e-Verify Memorandum of Understanding (MOU) that provides the terms of agreement between the company and Department of Homeland Security(DHS) and the Social Security Administration (SSA).

The E-Verify Employer Registration Link may be found at:

www.uscis.gov/E-Verify

T4: Can a prime contractor or contractor’s subcontractor verify under their prime’s MOU?

R4: No. Each contractor or their subcontractor, that is an employer, must enter into its own MOU with the DHS and the SSA.

T5. Does the rule extend to work under STARS II outside the United States?

R5: The rule applies only to employees working in the United States, which is currently defined to include the fifty States and the District of Columbia, Guam, Puerto Rico, and the U.S. Virgin Islands. Performance for work outside of the covered areas on STARS II task orders is exempt from the requirement.

T6: Can a contractor’s entire workforce be verified?

R6: Yes. Federal contractors and subcontractors have the option of verifying their entire workforce, both new hires and existing employees – including those not assigned to a federal contract. If the contractor or subcontractor elects to do this, they must notify DHS by updating their company’s profile through the “Maintain Company” page if they are a current participant, or during enrollment if they are a new participant. A contractor or subcontractor that chooses to exercise this option, must initiate an E-Verify query for each employee in the contractor’s entire work force within 180 days of updating its company profile.

T7. What employees are not considered to be directly performing work under STARS II and therefore excluded?

R7: Those employees who normally perform support work, such as general company administration, indirect or overhead functions, and do not perform any substantial duties applicable to the contract or task orders resulting there from would be excluded.

T8: Does the STARS II Contracting Officer require any documentation from STARS II offerors to support compliance with E-Verify, or will that be addressed after contract award?

R8: STARS II Offerors are directed to the E-verify program MOU. See the following link for more information:

http://www.uscis.gov/files/nativedocuments/MOU.pdf

T9: Will the STARS II contracting officer monitor STARS II contractor E-Verify compliance?

R9: The contracting officer and ordering contracting officers will exercise appropriate contractual remedies when information of non-compliance becomes available on the STARS II contract and task orders resulting there from.

However, certain issues with respect to compliance with E-Verify, and adverse actions taken as a result of such actions, are the responsibility of DHS to take.

Specifically, the E-Verify Program MOU contains a provision that the employer (prime contractor and subcontractors alike) acknowledge that compliance with the MOU is a performance requirement under the terms of the federal contract, task order, or subcontract; and that the employer consents to the release of information relating to compliance with its verification responsibilities under the MOU to contracting officers or other officials authorized to review the employer's compliance. The U.S. Citizenship and Immigration Services retains its authority to investigate violations of E-Verify program. DHS may terminate a contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. If DHS terminates a contractor's MOU, DHS will refer the contractor to a suspension or debarment official for possible suspension or debarment action.

T10: What are the penalties if a contractor does not comply?

R10: Please see the E-Verify regulations.

T11: Will the STARS II solicitation be extended in order to accommodate this amendment?

R11: No, the analysis of the burden to respond to this amendment is that the amendment needs to be considered and properly acknowledged, and that the performance aspects of the inclusion of FAR 52.222-54 apply after contract award. Given that the STARS II solicitation has a significant offer acceptance period, it is highly likely that performance requirements to implement FAR 52.222-54 under STARS II contract awards will only be required months after the offer deadline.

3. To Acknowledge Amendment 06:

Submit a copy of the amendment acknowledgement in your electronic proposal in the folder alongside the completed SF1449. Acknowledged amendments do not count against the CAP page limitation.