Missouri contract affidavit checks: the short answer
Before signing, confirm the Missouri affidavit affirms it does not knowingly employ an unauthorized alien in connection with the contracted services ( Missouri Revisor of Statutes). Compare that wording with the form in front of you before anyone signs the form.
Key takeaways: four checks before you sign the affirmation
- confirm the affidavit affirms that the business entity does not knowingly employ an unauthorized alien in connection with the contracted services, according to Missouri Revisor of Statutes, before you sign.
- record each state or political subdivision you contract with, because the annual affidavit goes to those bodies, according to Missouri Revisor of Statutes, and note a yearly reminder for each one.
- write down what your firm knows about any direct subcontractor's violation, since liability applies if the general contractor or subcontractor has knowledge, according to Missouri Revisor of Statutes, before work begins.
- confirm your public employer status before the contract starts, since the Missouri text says all public employers shall enroll and actively participate in a federal work authorization program, according to Missouri Revisor of Statutes, so check it early.
- use the worksheet in the checklist section to record each check before you sign.
Before signing: the non-employment affirmation and its scope
Non-employment affirmation
The quoted Missouri text says that every such business entity shall also sign an affidavit, according to Missouri Revisor of Statutes, affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. The sentence has two parts: a statement that the entity does not knowingly employ the person, and a limit that ties the statement to the work under the contract. Your review should start with that limit, because it sets the boundary of the affirmation.
A broader sentence in the same statute section, according to Missouri Revisor of Statutes, says no business entity or employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri. That sentence has no 'in connection with' limit, so check each role against the contracted-services limit rather than against this broader sentence. For the wider rules on hiring, see immigration employment rules.
You can list each role named in the contracted services description and mark whether that role connects to the work the affirmation covers. Beside each mark, you can write a short reason so a reviewer can follow the decision. You can also flag any role where the connection is unclear, and ask the person who prepares the bid to settle it before the affidavit goes out for signature.
The inspection page, according to U.S. Immigration and Customs Enforcement, says an employer found to have knowingly hired or continued to employ unauthorized aliens may be subject to debarment by HSI. Debarment is a consequence the page names, and the word may marks it as a possibility rather than a certainty. You can read the full page before you sign.
The Missouri page says, according to Missouri Revisor of Statutes, that statutory language enacted during a legislative session is updated and available on the effective date of that enacted section. Before you sign, you can compare your copy of the affirmation requirement with the current statute text. You can save that text with the signed form, so the version you relied on stays on record.
Before delivery: the annual affidavit to the state
Annual delivery to the state
Any entity contracting with the state or any political subdivision of the state, according to Missouri Revisor of Statutes, shall only be required to provide the affidavits required in this subsection to the state and any political subdivision of the state with which it contracts, on an annual basis. The word only in that sentence is part of the quoted rule, so keep the wording intact in your notes instead of a paraphrase.
Those recipients are the state and each political subdivision with which the entity contracts, according to Missouri Revisor of Statutes, which means your delivery list follows your contract list. You can keep the delivery list and the contract list side by side when you prepare each annual step. That layout makes gaps easier to spot, and you can repeat the check each year before the next delivery.
Illustrative example: delivery list for 3 bodies
Suppose a firm holds contracts with 2 state agencies and 1 city. Its delivery list has 3 entries, one for each body. Each entry gets a yearly reminder, and the signed affidavit is attached to the matching contract record. When a contract ends, the entry is reviewed and removed at the next yearly check.
You can set a yearly reminder for each contracting body, using the annual basis named in the statute as the cycle, and attach the signed affidavit to the matching contract record. A reminder keeps the step visible when staff change, since a note in a calendar does not depend on memory. You can review the reminder list once a year to remove any body whose contract has ended.
You can check each recipient against the executed contracts, so the list matches the bodies that hold a current contract with your firm. Where a body appears on the list without an executed contract, you can flag the entry for review before any affidavit goes out. You can keep the flagged entries until your team resolves them.
Your delivery record should show the date you sent each affidavit and the body that received it, so the record matches each recipient on your list. Note the form you sent, the contract it belongs to, and the person who sent it, using names in your own files rather than guesses.
Before the contract starts: enrollment and subcontractor checks
Subcontractor knowledge test
A general contractor or subcontractor of any tier, according to Missouri Revisor of Statutes, shall be liable under sections 285.525 to 285.555 when it contracts with its direct subcontractor who violates subsection 1 of this section, if the general contractor or subcontractor has knowledge, as defined under 8 CFR 274a.1, of such violation. The knowledge condition is the part to focus on, because the quoted liability is written as conditional on that knowledge.
You can ask each direct subcontractor for a written confirmation of its compliance status before work begins, and file that confirmation with the contract. Note the date you received it, and keep any question you raised along with the answer you got. That record shows what your firm knew at the time, and it belongs in the same file as the contract. You can file the confirmation the same week it arrives.
If your firm learns of a violation, you can record how and when it learned of that violation. The quoted text ties liability to knowledge, according to Missouri Revisor of Statutes, so the note should describe the knowledge itself and its source. You can keep the note with the subcontract file and the affidavit that covers the same contract period.
Public employer enrollment
The Missouri text, according to Missouri Revisor of Statutes, says all public employers shall enroll and actively participate in a federal work authorization program. If your organization is a public employer, you can record the enrollment you hold before the contract starts, so the file shows the step was completed. You can check whether your organization falls under that heading before the bid goes out, since the text names public employers.
A federal contract clause, according to General Services Administration (acquisition.gov), says the contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. That clause is a federal contract term, so this article does not treat it as the Missouri affidavit. For timing, see E-Verify deadlines for federal contracts. You can keep the clause and the affidavit in separate sections of your file, which makes each obligation easier to find.
The Missouri text, according to Missouri Revisor of Statutes, says that during or immediately after an emergency, the requirements that a business entity enroll and participate in a federal work authorization program shall be suspended for fifteen working days. That wording refers to a business entity, so read the subsection before you assume the pause covers your public employer status. You can note the emergency date in the file, if an event occurs, so the suspension period is traceable.
The same statute section, according to Missouri Revisor of Statutes, says that as used in this subsection, emergency includes the following natural and manmade disasters: major snow and ice storms, floods, tornadoes, severe weather, earthquakes, hazardous material incidents, nuclear power plant accidents, other radiological hazards, and major mechanical failures of a public utility facility. The list is the one the quoted text names, so compare any event you face with its items before you rely on the suspension.
Reference table: which source sets each check
The table below lists each publisher with its quoted wording.
| Publisher | Subject | Quoted wording |
|---|---|---|
| Missouri Revisor of Statutes | Affidavit wording | Every such business entity shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. |
| E-Verify | Program guidelines | Users must follow the guidelines set forth in the E-Verify Memorandum of Understanding for Employers (MOU) and the rules and responsibilities outlined in this manual. |
| General Services Administration (acquisition.gov) | Federal contract clause | the contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. |
| U.S. Immigration and Customs Enforcement | Debarment | Additionally, an employer found to have knowingly hired or continued to employ unauthorized aliens may be subject to debarment by HSI |
Checklist to complete before you sign
You can start by pulling the signed affidavit from your most recent state or local contract and reading its affirmation against the contracted services description. Note any role that appears in the services but not in the affirmation, and raise that gap with the person who signs the bid before the next submission. You can also note the date you completed the review, so the record is complete when the file is reviewed later.
You can record the annual delivery plan by listing every state and political subdivision that holds a contract with your firm, then adding a yearly reminder for each listed body. You can keep a copy of each delivered affidavit beside its contract, so the file shows which body received which form. You can review that list whenever a contract is added or closed out, so the plan stays current.
You can review the subcontractor section before work starts, and ask each direct subcontractor to confirm in writing what it knows about any compliance issue. You can keep those confirmations in the contract file, with the date each one arrived. A short written reply is easier to find later than a verbal update, so the file stays useful for the next bid.
You can decide whether your organization is a public employer, and if it is, note the enrollment status you hold before the contract begins. You can also note whether the contract includes a federal contract clause, so its MOU obligation sits in the same file as the Missouri affidavit. You can compare those notes at the start of each new bid to catch any gap. For the verification steps themselves, see verify new hires.
You can keep the completed worksheet with the signed affidavit, so the next bid starts from a written record instead of memory. You can use the worksheet below to record each check before you sign. Store it in the same place as the affidavit file, so both documents can be found together during any later review.
| Check | Source | Done |
|---|---|---|
| Example | Contract affirmation text | Yes, with the signing date |
Your next step is to pull the last state or local contract you signed and check that it has a signed non-employment affirmation and an annual delivery date before you send the next one.
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FAQ: Missouri contract affidavit questions
What must a Missouri contract affidavit say about unauthorized workers?
The affidavit, according to Missouri Revisor of Statutes, affirms that the business entity does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. The phrase in connection with the contracted services limits the affirmation to that work. You can compare that phrase with the contracted services description before you sign the form.
How often does the affidavit go to the state or political subdivision?
It goes to the state and each political subdivision it contracts with, on an annual basis, according to Missouri Revisor of Statutes. Set a yearly reminder for each body on your list.
Who must sign the affidavit under the Missouri contracting rule?
Every such business entity must sign the affidavit, according to Missouri Revisor of Statutes. You can confirm which business entity is the party to the contract before you route the affidavit for signature. You can keep that confirmation with the contract file.
Is a subcontractor liable without knowledge of a violation?
The quoted Missouri text, according to Missouri Revisor of Statutes, makes subcontractor liability conditional, applying if the general contractor or subcontractor has knowledge, as defined under 8 CFR 274a.1, of such violation. The text is conditional on that knowledge, so the record of what your firm knew is the part to keep.
Is there an emergency pause for the public employer enrollment rule?
The quoted Missouri text sets a suspension, according to Missouri Revisor of Statutes: during or immediately after an emergency, the requirements that a business entity enroll and participate in a federal work authorization program shall be suspended for fifteen working days. That wording names a business entity rather than public employers, so read the subsection before you assume the suspension covers your organization. You can check the listed emergency types on the same statute page before you rely on a pause.
What does the E-Verify MOU say users must do?
The E-Verify manual, according to E-Verify, says users must follow the guidelines set forth in the E-Verify Memorandum of Understanding for Employers (MOU) and the rules and responsibilities outlined in this manual. The manual, according to E-Verify, provides guidance on E-Verify processes for employers and E-Verify employer agents enrolled in E-Verify. This answer covers the manual, not the Missouri affidavit wording.