member question e-verify

CT
Chuck Thompson
Thu, Sep 3, 2015 1:46 PM

A member has the following issue.  I will forward your response along to the inquirer:

I am writing in anticipation that someone will be able to assist the City with an E-Verify/procurement matter. In 2011, the State of Georgia enacted the Illegal Immigration Reform and Enforcement Act ("IIREA"). Georgia's IIREA states in pertinent part:

O.C.G.A. § 13-10-91 (b)(1): "... Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following:

(A) The affiant has registered with, is authorized to use, and uses the federal work authorization program;

(B) The user identification number and date of authorization for the affiant;

(C) The affiant will continue to use the federal work authorization program throughout the contract period; and

(D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph."

Pursuant to IIREA, the City implemented procedures for receiving E-Verify affidavits when potential contractors compete for City contracts, including the use of an E-Verify affidavit form promulgated by the Georgia Attorney General's Office. Consistent with IIREA, bid and proposals that are not accompanied by fully compliant affidavits are deemed non-responsive and are not even considered by the City. Since the adoption of IIREA in 2011, there has been a consistent problem with many offers being deemed non-responsive in City procurements because of defective E-Verify affidavits. The fatal flaws run the gamut from listing an Employer Identification Number ("EIN") as the business' Federal Work Authorization User Identification Number consistently seen in these affidavits is the failure of offerors to submit a proper Federal Work Authorization User Identification Number ("User ID Number") to attaching a copy of a previously-executed E-Verify affidavit (pertaining to a different contract) to the bid or proposal being submitted due to an apparent misunderstanding concerning what constitutes a User ID Number.  This problem is becoming increasingly problematic for the City. Despite including instructions for completing the E-Verify affidavit, the E-Verify failure rate has progressively increased since 2011.

In an effort to determine the best way to address this problem, I am reaching out to see if any other local governments with similar state laws are experiencing E-Verify submission problems in their procurements. Any assistance regarding how those jurisdictions have implemented similar E-Verify requirements and the responsiveness of potential offerors would be very beneficial to the City.

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA's Annual Conference October 3-8, 2015 - The Rio, Las Vegas, NV
IMLA's Annual Seminar April 15-18, 2016 - Omni Shoreham, Washington D.C.

A member has the following issue. I will forward your response along to the inquirer: I am writing in anticipation that someone will be able to assist the City with an E-Verify/procurement matter. In 2011, the State of Georgia enacted the Illegal Immigration Reform and Enforcement Act ("IIREA"). Georgia's IIREA states in pertinent part: O.C.G.A. § 13-10-91 (b)(1): "... Before a bid for any such service is considered by a public employer, the bid shall include a signed, notarized affidavit from the contractor attesting to the following: (A) The affiant has registered with, is authorized to use, and uses the federal work authorization program; (B) The user identification number and date of authorization for the affiant; (C) The affiant will continue to use the federal work authorization program throughout the contract period; and (D) The affiant will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information required by subparagraphs (A), (B), and (C) of this paragraph." Pursuant to IIREA, the City implemented procedures for receiving E-Verify affidavits when potential contractors compete for City contracts, including the use of an E-Verify affidavit form promulgated by the Georgia Attorney General's Office. Consistent with IIREA, bid and proposals that are not accompanied by fully compliant affidavits are deemed non-responsive and are not even considered by the City. Since the adoption of IIREA in 2011, there has been a consistent problem with many offers being deemed non-responsive in City procurements because of defective E-Verify affidavits. The fatal flaws run the gamut from listing an Employer Identification Number ("EIN") as the business' Federal Work Authorization User Identification Number consistently seen in these affidavits is the failure of offerors to submit a proper Federal Work Authorization User Identification Number ("User ID Number") to attaching a copy of a previously-executed E-Verify affidavit (pertaining to a different contract) to the bid or proposal being submitted due to an apparent misunderstanding concerning what constitutes a User ID Number. This problem is becoming increasingly problematic for the City. Despite including instructions for completing the E-Verify affidavit, the E-Verify failure rate has progressively increased since 2011. In an effort to determine the best way to address this problem, I am reaching out to see if any other local governments with similar state laws are experiencing E-Verify submission problems in their procurements. Any assistance regarding how those jurisdictions have implemented similar E-Verify requirements and the responsiveness of potential offerors would be very beneficial to the City. Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 3-8, 2015 - The Rio, Las Vegas, NV IMLA's Annual Seminar April 15-18, 2016 - Omni Shoreham, Washington D.C.