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E-Verify -- Immigration Enforcement Comes to Federal Contracting

Client Alert | 1 min read | 11.14.08

On November 14, 2008, the FAR Council issued a new rule and contract clause, effective January 15, 2009, requiring most federal contractors and subcontractors to use the Department of Homeland Security's E-Verify system to verify the employment eligibility of all new hires in the United States and all employees working in the United States on federal contracts and subcontracts. The contract clause will apply to all new federal contracts for more than $100,000 (except for very limited contracts for commercially available off-the-shelf items sold in substantial quantities in the commercial marketplace) and subcontracts for services or construction in excess of $3000 and includes a specific provision requiring referral for potential suspension or debarment for failure to comply with the rules governing the E-Verify program.

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Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....

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