This new initiative is aimed at streamlining the way firms apply for Veteran-Owned Small Business (VOSB) “Veterans First” contract designations with VA. The initiative eliminates the large percentage of verification denials that are due to single points of failure that can be easily and quickly corrected. It is not intended to address more complicated issues with applications that will require a complete re-examination when corrected. The Center for Veterans Enterprise (CVE) has initiated a series of limited pilots to exercise and refine the process.
The anticipated initiation date for the Pre-Determination process is May 1, 2013. Pilots will run between now and the anticipated launch of the program. During this time, the process will be refined and feedback will be collected.
Outlined are the steps of the Pre-Determination Findings process. Based on the findings from the pilots, the process may be refined to reflect lessons learned.
Pre-Determination Process Summary
Firms that would otherwise be denied based on issues that are easily corrected will receive a Preliminary Findings Letter before a determination of eligibility is issued. They will have 48 hours to respond with their intent to correct and resubmit the documents within a specified timeframe. All Veteran-owned companies receiving Preliminary Findings will be encouraged to work with verification-assistance counselors to address identified issues that might result in denial.
- Firms with issues that are easily corrected will receive an email notification identifying these issues (Preliminary Findings, outlined below) before the official determination letter of eligibility is issued.
- The Preliminary Findings Letter will be sent via email and followed up by a telephone call within 24 hours to confirm receipt.
- The sixty (60) day initial processing “clock” will stop at the point that the Veteran owner notifies CVE of the applicant’s intent to participate in the Pre-Determination process.
- The applicant will have 48 hours to inform CVE via email, of the firm’s intent to participate in the Pre-Determination process. Within five (5) business days from receipt of the Preliminary Findings, the Veteran is required to submit amended documentation and other information in response to the Preliminary Findings.
- If additional issues are discovered as a result of the changes made by the applicant or the issues identified in the Preliminary Findings are not adequately addressed, the Veteran will be notified that the applicant has two business days to withdraw its application or CVE will proceed immediately to determination and the applicant will have the opportunity to request reconsideration.
- If the applicant submission is not made within five (5) business days, CVE will issue a determination letter on the issues identified in the Preliminary Findings.
- If an application is withdrawn, all previously submitted documents will remain in CVE’s secure case management system and need not be resubmitted when initiating a new application.
- All Veteran-owned companies receiving Preliminary Findings are encouraged to work with our Verification Assistance Partner counselors to address the issues identified in the Preliminary Findings Letters.
Attached is a list of the issues that will be eligible for the Pre-Determination process. If you have any questions, do not hesitate to contact CVE Help Desk at 202-303-3260.
Errors eligible for correction as part of Pre-Determination Program
Applications with points of failure (singularly or combined) regarding the issues listed below are eligible for the Pre-Determination process. These issues may be found in a company’s business and organizational documents.
- Quorum restrictions 38 CFR §§ 74.4(f)(2)
- Weighted Voting 38 CFR §§ 74.4(f)(2)(i)
- Serve as general partner for partnership 38 CFR § 74.4(d)
- Serve as management member of limited liability company 38 CFR § 74.4(e).
- Community Property 38 CFR § 74.3(f)
- Living Trust and direct ownership 38 CFR § 74.3(a).
- Highest compensation for Veteran 38 CFR § 74.4(g)(3).
- Highest officer position 38 CFR § 74.4(c)(2).
- 51% Unconditional Ownership 38 CFR § 74.3(b).