Ohio University

Regulatory Environment

The Office of Research and Sponsored Programs (ORSP) strives to inspire a culture where people naturally do the right thing. We assess processes to streamline regulatory requirements to ensure effective use of resources; develop policies that do not go beyond those necessary and sufficient to comply with federal, state, and local requirements; and imbed internal controls into our electronic systems to create an inherent adherence to the regulations.

Each of our Sponsored Programs Managers is a regulatory content expert in proposal development and award management. The ORSP Manager’s responsibility is to facilitate the proposal submission and award management functions while ensuring compliance with the regulations.

Our regulatory system must protect public health, welfare, safety, and our environment while promoting economic growth, innovation, competitiveness, and job creation. It must be based on the best available science. It must allow for public participation and an open exchange of ideas. It must promote predictability and reduce uncertainty. It must identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends. It must take into account benefits and costs, both quantitative and qualitative. It must ensure that regulations are accessible, consistent, written in plain language, and easy to understand. It must measure, and seek to improve, the actual results of regulatory requirements.

(Executive Order No. 13,563, 2011)

For more information, please contact ORSP at orsp@ohio.edu or call (740) 597-ORSP (6777).

Employment Eligibility Verification (E-Verify)

Purpose

E-Verify, authorized by Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), is a web-based system through which employers electronically confirm the employment eligibility of their employees.

In the E-Verify process, employers create cases based on information taken from an employee’s Form I-9, Employment Eligibility Verification. E-Verify then electronically compares that information to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA). The employer usually receives a response within a few seconds either confirming the employee’s employment eligibility or indicating that the employee needs to take further action to complete the case.

E-Verify is administered by SSA and U.S. Citizenship and Immigration Services (USCIS). USCIS facilitates compliance with U.S. immigration law by providing E-Verify program support, user support, training and outreach, and developing innovative technological solutions in employment eligibility verification.

Applicability

Federal Procurements: Applicable to all contracts that exceed the simplified acquisition threshold (currently $250,000), except those for commercially available off-the-shelf items or those that will be performed outside the U.S., or that have a period of performance of less than 120 days.

Federal Assistance: Not implemented

Flow-down: Required for all subcontracts of $3,500 or more, except those for commercial off-the-shelf items, or subcontracts that will be performed outside the U.S.

The E-Verify federal contractor rule generally requires use of E-Verify for all new employees, regardless of whether they are assigned to a federal contract. The following organizations, however, awarded a federal contract that includes the Federal Acquisition Regulation (FAR) E-Verify clause are only required to use E-Verify for new hires and existing non-exempt employees who are working directly under a covered contract:

  • State and local governments
  • I nstitutions of higher education (as defined at 20 U.S.C. 1001(a))
  • Governments of Federally recognized Indian tribes
  • Sureties performing under a takeover agreement entered into with a Federal agency under a performance bond

As a recipient of government contracts, Ohio University ensures enrollment in E-Verify is complete, the MOU is executed, and appropriate employees are verified.

Ohio University will create an E-Verify case for each existing employee assigned to a Federal contract within 30 calendar days of receipt of the contract or the employee’s assignment to the contract, whichever occurs earliest.

Ohio University will create an E-Verify case for new hires no later than the third business day after the employee starts work for pay when hired to work on a Federal contract with an E-Verify requirement.

The Principal Investigator/Project Director (PI/PD) is responsible for notifying Human Resources of any new hires or existing employees assigned to work on Federal contracts where E-Verify is required.

Procedure

The Office of Research and Sponsored Programs (ORSP) will identify federal procurement contracts where the E-Verify requirement is applicable at the time of award. ORSP will communicate this requirement to Grants Accounting (GA) with the account setup request through LEO. GA will enter the term and condition on the award in the Grants Accounting Module. For each contract subject to E-Verify, the award letter notification from LEO will include the following statement:

This award is subject to E-Verify requirements. The Principal Investigator/Project Director (PI/PD) is responsible for notifying Human Resources of all employees/students whose salary will be charged to this project within 10 days of receipt of this award notification. PI/PD is responsible for notifying Human Resources of any existing employee/student whose salary will be charged to this project with 10 days of assignment to the contract.

The PI/PD will e-mail a completed “Notice to Employee” to the employee and copy Human Resources for each employee/student whose salary is charged to the project within 10 days of receipt of award notice.

Human Resources will confirm whether the employee is currently E-Verified. If not, HR will complete the E-Verify for each employee, retain the record of the E-Verify, and flag the employee record. If the E-Verify results require additional action, HR will work with the employee to obtain necessary information to complete the process.

Each month Grant Accounting will compare the payroll records of individuals whose salary is charged to contracts by running the Payroll E-Verify report in Oracle Business Intelligence (OBI).

Training is available through the Office of Research and Sponsored Programs upon request.

References

E-Verify Homepage

E-Verify Overview Webinar [PDF]

Federal Contractors Tool Kit

Ohio Ethics Hotline

To report suspected fraud, waste, or abuse of university assets or other compliance and regulatory issues: EthicsPoint Hotline.