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ARTICLE · 26 NOVEMBER 2013

GAO Dismisses Protest Alleging Noncompliance With E-Verify Requirements

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In Ashland Sales & Service Co., B-408969 (Nov. 1, 2013), the Government Accountability Office ("GAO") dismissed a protest by Ashland Sales & Service Co. ("Ashland") alleging that a contract for lightweight jackets was improperly awarded to Creighton AB, Inc. ("Creighton") where Creighton was not enrolled in the employment eligibility verification ("E-Verify") system at the time of award.

United StatesGovernment, Public Sector
Townsend Bourne
Townsend Bourne
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In Ashland Sales & Service Co., B-408969 (Nov. 1, 2013), the Government Accountability Office ("GAO") dismissed a protest by Ashland Sales & Service Co. ("Ashland") alleging that a contract for lightweight jackets was improperly awarded to Creighton AB, Inc. ("Creighton") where Creighton was not enrolled in the employment eligibility verification ("E-Verify") system at the time of award.  The decision explains that E-Verify is a government web-based system that allows employers to verify the eligibility of new employees to work in the United States.

The solicitation at issue included the clause at FAR 52.222-54, Employment Eligibility Verification, which provides that a contractor not enrolled in E-Verify at contract award "shall [enroll] within 30 calendar days of contract award."  According to the decision, Creighton was not enrolled in E-Verify at the time of award, but it enrolled the day after award.  The GAO found the requirement in the FAR clause allowing

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