38 C.F.R. § 74.22

What are the procedures for cancellation?

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(a) General. When CVE believes that a participant's verified status should be cancelled prior to the expiration of its eligibility term, CVE will notify the participant in writing. The Notice of Proposed Cancellation Letter will set forth the specific facts and reasons for CVE's findings and will notify the participant that it has 30 days from the date CVE sent the notice to submit a written response to CVE explaining why the proposed ground(s) should not justify cancellation.

(b) Recommendation and decision. Following the 30-day response period, the Director, CVE, will consider any information submitted by the participant. Upon determining that cancellation is not warranted, the Director, CVE, will notify the participant in writing. If cancellation appears warranted, the Director, CVE, will make a decision whether to cancel the participant's verified status.

(c) Notice requirements. Upon deciding that cancellation is warranted, the Director, CVE, will issue a Notice of Verified Status Cancellation. The Notice will set forth the specific facts and reasons for the decision, and will advise the concern that it may re-apply after it has met all eligibility criteria.

(d) Effect of verified status cancellation. After the effective date of cancellation, a participant is no longer eligible to appear as “verified” in the VetBiz VIP database. However, such concern is obligated to perform previously awarded contracts to the completion of their existing term of performance.

(e) Appeals. A participant may file an appeal with OHA concerning the Notice of Verified Status Cancellation decision in accordance with 13 CFR part 134. The decision on the appeal shall be final.

[75 FR 6101, Feb. 8, 2010, as amended at 83 FR 48232, Sept. 24, 2018]

Notes of Decisions

Cited in 6 cases, 2013–2018 · leading case: Miles Constr., Llc v. United States, 108 Fed. Cl. 792 (Fed. Cl. 2013).

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Miles Constr., Llc v. United States, 108 Fed. Cl. 792 (Fed. Cl. 2013). · cites it 3× “” 38 C.F.R. § 74.22 (a). CVE is required to give notice to the firm in question, which is provided a thirty-day period in which to respond.”

Kwv, Inc. v. United States, 111 Fed. Cl. 119 (Fed. Cl. 2013). · cites it 4× “” 38 C.F.R. § 74.22 (a). In revocation proceedings, CVE must provide notice to the concern, which is then allowed thirty days to respond to the issues identified by CVE.”

Ambuild Co., LLC v. United States, 119 Fed. Cl. 10 (Fed. Cl. 2014). “” 38 C.F.R. § 74.22 (a). In revocation proceedings, CVE must provide written notice to the participant, which then has thirty days to respond.”

Vets. Contracting Grp., Inc. v. United States (Fed. Cl. 2017). · cites it 4× “See 38 C.F.R. § 74.22 (a)-(b). Upon a determination that cancellation is warranted, the director of the CVE will issue a reasoned notice of cancellation, and the business will be removed from the VetBiz VIP database.”

Vets. Contracting Grp., Inc. v. United States (Fed. Cl. 2017). “See 38 C.F.R. § 74.22 (a)-(b). Upon a determination that cancellation is warranted, the director of the CVE will issue a reasoned notice of cancellation, and the concern will be removed from the VetBiz VIP Database.”

Vets. Contracting Grp., Inc. v. United States (Fed. Cl. 2018). “2 (e), a determination by SBA can constitute a basis for removing a participant from the VetBiz database.”

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