Additional Blogs of Interest

There's much that can be learned from the Spartan Group, Inc's appeal of the Center for Verification and Evaluation's (CVE) decision regarding their Veteran owned small business status.  In January 2019, Mr. Kyle Muller, a service-disabled Veteran and 100% owner of the Spartan Group, Inc., applied for his company’s inclusion in the U.S. Dept. of Veteran Affairs' (VA) VIP database. In his company’s application, Mr. Muller identified himself as both President and Secretary and Mr. Ray Douaire as the company’s Treasurer and as his personal mentor. He also included his resume in his application, which listed jobs as director of sales/project manager at Trusted Solutions Group, Inc.(TSG) where he purported to oversee a roofing contract, developed office buildout provisions, and “collaborated with other firms to procure contracts on behalf of TSG.” Mr. Muller listed other past work experience including warehouse manager at a large retail company and officer in the U.S. Navy. His educational background included a bachelor’s degree in criminal justice.

The U.S. Dept. of Veteran Affairs' Center for Verification and Evaluation (CVE) first verified RealSims on June 4, 2015 and then reverified the company on October 22, 2018.  At the time of initial and reverification, service-disabled Veteran Robert McGraw owned 98 percent of the Service Disabled Veteran Owned Small Business (SDVOSB) company and his wife, Debra McGraw owned two percent.   In May 2018, RealSim executed a Letter of Intent to sell 49 percent of its membership interest to another company, Badger Technology Group, which was owned 50/50 by two non-veterans, Dan Wade and Ralf Persson. 

On August 16, 2019, the SBA Office of Hearings and Appeals (OHA) denied Lachin Architect’s appeal from the U.S. Dept. of Veterans' Affairs' Center for Verification and Evaluation's (CVE) removal of their name from the CVE VIP database. The CVEfirst verified Lachin in January 2013 and reverified it in March 2015. In January 2018, the service-disabled Veteran, Michael Lachin, sold 20 percent of his shares to his nephew David Lachin.

Should you protest a US Dept. of Veteran Affairs Center for Verification and Evaluation (CVE) determination with the U.S. Court of Federal Claims? A negative CVE determination can be devastating to your company.  On October 10, 2014, the U.S. Court of Federal Claims granted construction company, Ambuild’s, summary judgment motion in its protest against the CVE and the VA’s OSBDU. 

Regarding Center for Verification and Evaluation (CVE) verification, 38 CFR 74.3 (b) states that ownership must be unconditional. Ownership by one or more veterans or service-disabled veterans must be unconditional ownership. Ownership must not be subject to conditions precedent, conditions subsequent, executory agreements, voting trusts, restrictions on assignments of voting rights, or other arrangements causing or potentially causing ownership benefits to go to another (other than after death or incapacity).