E-Verify System - Important Affirmation Requirement

In accordance with SB 312, effective with October 2017-let projects, TxDOT will not award a contract to a contractor that is not registered in the Department of Homeland Security’s E-Verify program. Contractors must remain active in E-Verify throughout the life of the contract. Subcontractors must remain active in E-Verify until their work is completed.

  1. If your company is not already registered, register here.
  2. Upon registration, the system automatically creates the "E-Verify Memorandum of Understanding for Employers." Note: If you need technical support, contact E-Verify Customer Support.
  3. Access your company's "E-Verify Memorandum of Understanding for Employers" and save the file as a PDF.
  4. As affirmation of your company's compliance with SB 312, follow these instructions to submit the "E-Verify Memorandum of Understanding for Employers."

Failure to submit the appropriate "E-Verify Memorandum of Understanding for Employers" will result in the following:

  • The apparent low bidder will be deemed non-responsive, and their proposal guaranty will become the property of the state, not as penalty, but as liquidated damages. The bidder forfeiting the proposal guaranty will not be considered in future proposals for the same work unless there has been a substantial change in the scope of the work.
  • Subcontractors will not be approved to work on TxDOT projects until the documentation has been provided.

Once a contractor or subcontractor has complied with these requirements, TxDOT will add the company name to the list of Contractors Confirmed as Participating in E-Verify to identify prime contractors and subcontractors who have provided the requested documentation to confirm participation in the E-Verify system.

For more information, contact the Construction Division at (512) 416-2466 or email us.