AtlantaHousingAuthority

DOING BUSINESS WITH AHAE-Verify

Illegal Immigration Reform and Enforcement Act of 2011 Compliance Requirements
Effective July 1, 2011 E-Verify Applies to Certain AHA Contracts

As a public employer, AHA is mandated by Georgia law to require its contractors[i] and all of the contractor's subcontractors[ii] and sub-subcontractors[iii] engaging in the physical performance of services[iv] to register with E-Verify at the U.S. Department of Homeland Security's Citizenship and Immigration Services website and participate in the Federal Work Authorization Program[v] in order to verify the employment eligibility of all newly hired employees.

E-Verify is a vitally important requirement of the Illegal Immigration Reform and Enforcement Act of 2011 (the Act).

Before AHA can consider a proposal from a contractor for the physical performance of services, the contractor must submit the E-Verify Affidavit posted by the Departments of Audits and Accounts or as approved by AHA, containing the contractor's user-identification number and authorization date.

The contractor must affirm in the E-Verify Affidavit that it is registered with E-Verify, will continue to use E-Verify throughout the contract period, and will only contract with subcontractors and subcontractors of a subcontractor who have presented an E-Verify Affidavit affirming that they have done the same. The approved form of subcontractor's affidavit must contain the subcontractor's E-Verify user-identification number and the date the subcontractor was authorized to use the E-Verify system.

All contractors, subcontractors, and sub-subcontractors who have no employees and do not hire or intend to hire employees must adhere to the alternative documentation procedures set forth in the Act.

Contractors must maintain compliance records and provide a copy of each subcontractor's verification to AHA when a subcontractor is retained in connection with the physical performance of services.

It is the responsibility of all contractors, subcontractors and sub-subcontractors engaging in the physical performance of services to comply with all E-Verify requirements. The information in this notification is not intended to be a comprehensive description of all such requirements. AHA provides this notice as information, not as legal advice.

All questions concerning State of Georgia's Illegal Immigration Reform and Enforcement Act of 2011 should be directed to your legal counsel and /or the State of Georgia's Attorney General's Office.

ALL CURRENT CONTRACTS MUST BE IN COMPLIANCE ON JULY 1, 2011.

This means that any contractor currently under contract in connection with the physical performance of services for AHA must:

1. register with E-Verify here;
2. submit the E-Verify Affidavit and fully comply with the Act;
3. secure from each subcontractor currently employed or under contract (and, if applicable, from their subcontractors) the applicable E-Verify Affidavit for subcontractors; and
4. require any new subcontractor retained on or after July 1, 2011, to be in compliance with the Act.

All other questions can be directed to AHA's Acquisition & Management Services.

Date of authorization: June 1, 2011. Company ID: 419307

[i] Contractors: For the purposes of this notice, "Contractor" means the respondent to a solicitation or other procurement for the physical performance of services or the contracting entity with whom AHA has entered into a contract for the Physical Performance of Services.

[ii] Subcontractor: "Subcontractor" means a person or entity who has a contract with the contractor and includes a contract employee or staffing agency.

[iii] Sub-subcontractor: "Sub-subcontractor" or "subcontractor of a subcontractor" means a person or entity who has a contract with a subcontractor or who has a contract with another person or entity contracting with a subcontractor or sub-subcontractor.

[iv] Physical performance of services: "Physical performance of services" means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to public real property within Georgia, including the construction, reconstruction, or maintenance of all or part of a public road; or any other performance of labor for AHA under a contract or other bidding process.

[v] "Federal Work Authorization Program" means the electronic verification of work authorization programs operated by the United States Department of Homeland Security pursuant to the Immigration Reform and Control Act of 1986 ("IRCA") to verify employment eligibility information of newly hired employees, commonly known as E-Verify.