- All federal contracts containing the FAR E-Verify clause.
- The federal contract must also have a value above $100,000, a performance period longer than 120 days, and the performance must be within the United States.
- Indefinite-delivery/indefinite-quantity (IDIQ) contracts that have been modified after the September 8, 2009, effective rule date on a bilateral basis, in accordance with FAR 1.108(d)(3), to include the clause for future orders.
- For IDIQ contracts, the remaining period of performance must extend 6 months after the final rule effective date, and the amount of work expected under the remaining performance period is "substantial."