Earlier this month, Gov. Perry issued an executive order requiring state agencies, under the direction of the Governor, to require state contractors to use the federal E-Verify system for state contracts.
The Contract Advisory Team, within the Office of the Comptroller, has developed the clause below and offers it as a guide. This is not a mandatory part of the Contract Management Guide. Rather, it is simply an example that can be used in whole or in part, or reject completely.
The Texas Procurement and Support Services (TPASS) Division will be including a similar provision in its solicitations, moving forward, so that new term contracts can be used without concern for compliance with the new Executive Order.
Example Clause
U.S. Department of Homeland Security’s E-Verify System
By entering into this Contract, the Contractor certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility of:
1. All persons employed to perform duties within Texas, during the term of the Contract; and
2. All persons (including subcontractors) assigned by the Respondent to perform work pursuant to the Contract, within the United States of America.
The Contractor shall provide, upon request of (agency name), an electronic or hardcopy screenshot of the confirmation or tentative non-confirmation screen containing the E-Verify case verification number for attachment to the Form I-9 for the three most recent hires that match the criteria above, by the Contractor, and Contractor’s subcontractors, as proof that this provision is being followed.
If this certification is falsely made, the Contract may be immediately terminated, at the discretion of the state and at no fault to the state, with no prior notification. The Contractor shall also be responsible for the costs of any re-solicitation that the state must undertake to replace the terminated Contract.