Insert the clause at 52.222-54, Employment Eligibility Verification, in all solicitations and contracts that exceed $150,000, except those that—

1. (a) Are only for work that will be performed outside the United States;
2. (b) Are for a period of performance of less than 120 days; or

3. (c) Are only for—

   1. (1) Commercially available off-the-shelf items;
   2. (2) Items that would be COTS items, but for minor modifications (as defined at paragraph (3)(ii) of definition of “commercial product” at 2.101;
   3. (3) Items that would be COTS items if they were not bulk cargo; or

   4. (4) Commercial services that are—

      1. (i) Part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications);
      2. (ii) Performed by the COTS provider; and
      3. (iii) Are normally provided for that COTS item.

[73 FR 67703, Nov. 14, 2008, as amended at 85 FR 40067, July 2, 2020; 86 FR 61028, Nov. 4, 2021]