Office of Small & Disadvantaged Business Utilization
Verification Assistance Briefs
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:How can a firm be eligible in the Veterans First Contracting Program if the Veteran owns the applicant through a trust?
View the Trusts Brief
Issue: What defines an Operating Agreement and its function? View the Operating Agreements brief.
51% of the Annual Distribution
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.
Applicant Must Meet Small Business Definition
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.
Control of a Limited Liability Company
Issue: How can a Veteran provide evidence of control over a Limited liability Company (LLC)? View the Control of a Limited Liability Company brief.
Control of Strategic Policy and Day-to-Day Operations
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.
Dependence On Non-Veterans or Entities
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.
Full Time Control
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: 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.
Ownership – 51% Unconditional
Issue: Who does the Center for Verification and Evaluation (CVE) consider to own a Veteran-owned small business? View the Unconditional Ownership brief.
Ownership Must Be Direct
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.
Transfer of Ownership and Control Within 2 Years Of Application
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.
Unconditional Ownership, Transfer Restrictions
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.