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.

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.

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.

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.

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.

Highest Compensation

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.

Highest Officer

Issue:  The Veteran or service-disabled Veteran must be the highest ranking officer.  View the Highest Officer brief.

Managerial Experience

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 Veterans Enterprise (CVE) consider to own a Veteran-owned small business?  View the Uncontitional Ownership 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.

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.

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.

Board Governance

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.

Trusts

Issue:  How can a firm be eligible if the Veteran owner establishes a Trust?  View the Trusts Brief.

Joint Ventures

Issue:  How can a Joint Venture be eligible for verification?  View the Joint Ventures 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.

Community Property

Issue:  How do Veterans in community property states demonstrate ownership and control?  View the Community Property 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.