In an effort to assist applicants in obtaining Verification for the Veterans First program, the following Verification Assistance Briefs (VAB) have been provided. The VAB were developed in order to clarify the rules associated with 38 CFR 74. They are based on analysis of issues that cause the majority of denials.
Issue: What defines an Operating Agreement and its function? View the Operating Agreements brief.
Issue: How can a Veteran owner provide evidence of actual entitlement to receive 51% of the Annual Distribution? View the 51% of the Annual Distribution brief.
Issue: SBA issued a negative size determination against my firm, what happens? OR What must my firm show in order to meet the definition of small for inclusion this program? View the Applicant Must Meet Small Business Definition brief.
Board of Directors governance rules, usually found in Corporate Bylaws, is the number one reason why corporations are found to be ineligible for the Veterans First Procurement Program under Public Law (P.L.) 109-461. View the Board Governance brief.
Issue: How do Veterans in community property states demonstrate ownership and control? View the Community Property brief.
Issue: How can a Veteran provide evidence of control over a Limited liability Company (LLC)? View the Control of a Limited Liability Company brief.
Issue: How do Veterans demonstrate Control of Strategic Policy and Day to-Day Operations? View the Control of Strategic Policy and Day-to-Day Operations brief.
Issue: What type of business relationship does an applicant need to have with a non-Veteran or entity to avoid CVE determining that the applicant is “dependent” upon non-Veterans or entities? How is the “dependence” with other non-Veterans or entities determined? View the Dependence On Non-Veterans or Entities brief.
Issue: Must I work full-time for the applicant firm? Can I hold outside employment? View the Full Time Control brief.
Issue: The Veteran or service-disabled Veteran owner must be the highest compensated employee of the applicant, or provide an explanation as to how taking lower compensation is beneficial to the applicant. View the Highest Compensation brief.
Issue: The Veteran or service-disabled Veteran must be the highest ranking officer. View the Highest Officer brief.
Issue: How can a Joint Venture be eligible for verification? View the Joint Ventures brief.
Issue: The Veteran or service-disabled Veteran must have managerial experience of the extent and complexity needed to run the concern. View the Managerial Experience brief.
Issue: Who does the Center for Verification and Evaluation (CVE) consider to own a Veteran-owned small business? View the Unconditional Ownership brief.
Issue: The Veteran or service-disabled Veteran owners must own at least 51% of the applicant concern directly. View the Ownership Must Be Direct brief.
Issue: Transfer of majority ownership or control of the concern from a non-Veteran immediate family member to a Veteran or Service-Disabled Veteran within two years of the application for verification. View the Transfer of Ownership and Control Within 2 Years Of Application brief.
Issue: How can a firm be eligible if the Veteran owner establishes a Trust? View the Trusts brief.
Issue: Can there be any restrictions on the veteran owner’s ability to transfer ownership of the firm? View the Unconditional Ownership, Transfer Restrictions brief.