Federal Contractor Program
Below you will find answers to frequently asked questions about Federal contractor reporting requirements and affirmative action obligations under the Vietnam Era Veterans' Readjustment Act of 1972 ("VEVRAA" or "Section 4212"), 38 U.S.C. 4212. The FAQs are arranged by subject area.
If you have a question that is not addressed on this page, please contact the VETS-100 office by e-mail at VETS100-customersupport@dol.gov or by Phone at (866) 237-0275 for further assistance.
Table of Contents
Federal Contractor Reporting Requirements
1. What are the Federal contractor reporting requirements under VEVRAA?
2. Why are there two sets of regulations implementing the reporting requirements under VEVRAA?
5. What is a "Government contract?"
6. Where can I find copies of the regulations implementing the reporting requirements under VEVRAA?
7. What are the differences between the VETS-100 Report and the VETS-100A Report?
8. Which Veteran's Employment Report must I submit in 2010?
9. What contractors will be required to submit both the VETS-100A Report and the VETS-100 Report?
10. When are the VETS-100 and VETS-100A Reports due?
14. How do I obtain the VETS-100 and the VETS-100A Report forms and instructions?
15. Can I file electronically?
16. What is the "reporting period" for purposes of completing the VETS-100 and VETS-100A Reports?
18. What is the DUNS number and why is it being requested?
19. What is the EIN number and why is it being requested?
20. What is considered a parent company?
21. What does "hiring location" mean?
22. What is meant by "number of employees?"
23. What is meant by "new hires?"
24. What is meant by "maximum and minimum" number of employees?
30. Am I required to ask new employees about their past military service or veterans' status?
34. What if I don't submit a VETS-100 or VETS-100A Report?
35. We are a small bank. Are we required to file this report?
Affirmative Action Obligations
37. What are the Federal contractor job listing requirements?
38. What happens if I don't comply with the Federal contractor job listing requirements?
39. Must I develop an affirmative action program?
40. As a Federal contractor, what is my responsibility towards my subcontractors?
Federal Contractor Reporting Requirements
1. What are the Federal contractor reporting requirements under VEVRAA?
VEVRAA requires Federal contractors and subcontractors covered by the Act's affirmative action provisions to report annually to the Secretary of Labor the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans (38 U.S.C. 4212(d)). VEVRAA also requires Federal contractors and subcontractors to report the number of new hires during the reporting period who are qualified covered veterans. The Veterans' Employment and Training Service (VETS) has issued regulations found at 41 CFR Parts 61-250 and 61-300 to implement the reporting requirements under VEVRAA.
2. Why are there two set of regulations implementing the reporting requirements under VEVRAA?
The Jobs for Veterans Act (JVA) enacted in 2002 amended the reporting requirements under VEVRAA by: (1) raising the dollar amount of the Government contracts and subcontracts that trigger a contractor's obligation to report on their employment of covered veterans; and (2) changing the categories of veterans that Federal contractors and subcontractors are to track and report. Congress made the JVA amendments applicable only to Government contracts and subcontracts entered into on or after December 1, 2003. Because some contractors have current Government contracts and subcontracts that were entered into before December 1, 2003, two sets of regulations are needed to implement VEVRAA's reporting requirements.
- The regulations in 41 CFR Part 61-250 implement the reporting requirements under VEVRAA prior to amendment by the JVA and require Federal contractors and subcontractors to annually submit the Federal Contractor Veterans' Employment Report VETS-100 ("VETS-100 Report").
- The regulations in 41 CFR Part 61-300 implement the JVA amendments to the reporting requirements under VEVRAA and require the annual submission of the Federal Contractor Veterans' Employment Report VETS-100A ("VETS-100A Report").
3. Which contractors are covered by the VETS-100 reporting requirements in the
Part 61-250 regulations?
The VETS-100 reporting requirements in the Part 61-250 regulations generally apply to contractors with a current Government contract or subcontract in the amount of $25,000 or more that was entered into before December 1, 2003. However, if such a contract was modified on or after December 1, 2003, and the contract, as modified, is in the amount of $100,000 or more, the contractor would be covered by the VETS-100A reporting requirements in the Part 61-300 regulations.
4. Which contractors are covered by the VETS-100A reporting requirements in the
Part 61-300 regulations?
Contractors with a Government contract or subcontract in the amount of $100,000 or more that was entered into on or after December 1, 2003, are covered by the VETS-100A reporting requirements in the Part 61-300 regulations. The VETS-100A reporting requirements also apply to contractors with a Government contract or subcontract of $100,000 or more that is modified on or after December 1, 2003.
5. What is a "Government contract"?
"Government contract" means any agreement or modification thereof between any person and a department, agency, establishment or instrumentality of the United States for the purchase, sale, or use of personal services and nonpersonal services.
6.Where can I find copies of the regulations implementing the reporting requirements under VEVRAA?
Regulations are available at:
41 CFR part 61-250 –
http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064807954c2
41 CFR part 61-300 –
http://www.regulations.gov/search/Regs/home.html#documentDetail?R=09000064807954c2
7. What are the differences between the VETS-100 Report and the VETS-100A Report?
The most obvious difference is the categories of veterans included on each report.
The VETS-100 Report reflects the categories of veterans covered under the affirmative action provisions of VEVRAA prior to the JVA amendments. Accordingly, the VETS-100 Report calls for Federal contractors and subcontractors to report the number of employees and new hires during the reporting period who are:
(1) Special disabled veterans;
(2) Veterans of the Vietnam era;
(3) Other protected veterans (veterans who served on active duty in the U.S. military during a war or in a campaign or expedition for which a campaign badge is awarded); and
(4) Recently separated veterans (veterans within 12 months from discharge or release from active duty).
The JVA amendments eliminated the coverage category of "Vietnam era veterans" and added the category "Armed Forces service medal veterans." In addition, the JVA amendments expanded the coverage of "recently separated veterans" from one year after discharge or release from active duty to three years. Finally, the JVA amendments expanded the coverage of veterans with disabilities to include all veterans with service connected disabilities.
The VETS-100A Report reflects the categories of veterans covered under the JVA amendments and requests that Federal contractors and subcontractors report the number of employees and new hires during the reporting period belonging to the following categories:
(1) Disabled veterans;
(2) Other protected veterans (veterans who served on active duty in the U.S. military during a war or in a campaign or expedition for which a campaign badge is awarded);
(3) Armed Forces service medal veterans (veterans who, while serving on active duty in the Armed Forces, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985); and
(4) Recently separated veterans (veterans within 36 months from discharge or release from active duty).
The other significant difference between the VETS-100 and VETS-100A Report forms is in the job categories. The job categories on the Veterans' Employment Report forms are consistent with the job categories used on the EEO-1 Report. EEOC revised the EEO-1 Report in 2005, (November 28, 2005, 70 FR 71294), and the revisions included dividing the Officials and Managers category into two subgroups - Executives/ Senior Level Officials and Managers and First/Mid Level Officials and Managers. The VETS-100A Report adopts the job categories used on the revised EEO-1 Report, while the VETS-100 Report has a single Officials and Managers job category.
8. Which Veteran's Employment Report must I submit in 2010?
You must submit the VETS-100A Report in 2010 if you have:
- A current Government contract or subcontract in the amount of $100,000 or more that was entered into on or after December 1, 2003; or
- A current Government contract or subcontract that was modified on or after December 1, 2003, and the contract or subcontract as modified is in the amount of $100,000 or more.
You must submit the VETS-100 Report if you have a current Government contract or subcontract in the amount of $25,000 or more that was entered into before December 1, 2003, except that you must submit the VETS-100A Report, not the VETS-100 Report, if such a contract or subcontract was modified on or after December 1, 2003, and the contract or subcontract as modified is in the amount of $100,000 or more.
9. What contractors will be required to submit both the VETS-100A Report and the VETS-100 Report?
The contractor that has a current Government contract or subcontract in the amount of $25,000 or more that was entered into before December 1, 2003 (and not modified on or after that date) and a current Government contract or subcontract in the amount of $100,000 or more that was entered into or modified on after December 1, 2003, must submit both the VETS-100A and the VETS-100 Reports.
10. When are the VETS-100 and VETS-100A Reports due?
The VETS-100 and VETS-100A Reports must be submitted no later than September 30 of each year following a calendar year in which a contractor held a covered Government contract or subcontract.
11. I have a current Government contract that was awarded before December 1, 2003, but the Federal Contracting Officer modified the scope and conditions of the contract after December 1, 2003. Must I still file a VETS-100 Report?
You must file the VETS-100A Report if the contract as modified is in the amount of $100,000 or more. If the modified contract is less than $100,000, you must file the VETS-100 Report.
12. I have a current Government contract in the amount of $75,000 that was awarded on December 15, 2003. Must I file the VETS-100 Report?
No. You are not subject to the reporting requirements under VEVRAA.
13. I have a current Government contract that was awarded on September 1, 2003, and the original amount of the contract was $50,000. However, the contract was modified on February 1, 2004 and increased to $300,000. Which report do I file in 2010?
You must file the VETS-100A Report in 2010.
14. How do I obtain the VETS-100 and the VETS-100A Report forms and instructions?
You may download the VETS-100 and the VETS-100A Report from our website at www.dol.gov/vets100/, email us at VETS100-customersupport@dol.gov or call (866) 237-0275. When requesting forms, provide the parent company's name, address, contact person, telephone number and e-mail address.
15. Can I file electronically?
Yes, you can file electronically for the filing cycles of 2009, 2010, 2011, and 2012 between July 1 and September 30, 2012. Please visit the VETS-100 website at http://www.dol.gov/vets/vets100filing.htm to find the links that will allow you to submit your forms electronically. Further information is available by contacting the VETS-100 Help Desk at (866) 237-0275 or by sending an emailing to VETS100-customersupport@dol.gov
16. What is the "reporting period" for purposes of completing the VETS-100 and VETS-100A Reports?
To determine the "reporting period" for purposes of completing the VETS-100 and VETS-100A Reports, the contractor first selects a date in the current year between August 1 and September 30 that represents the end of a payroll period. The 12-month period preceding the selected payroll period ending date is the 12-month reporting period.
17. What is a "NAICS" code?
The North American Industry Classification System (NAICS) is the standard used by Federal statistical agencies in classifying business establishments for the collection, analysis, and publication of statistical data related to the business economy of the United States. NAICS was developed under the auspices of the Office of Management and Budget (OMB), and adopted in 1997 to replace the old Standard Industrial Classification (SIC) system.
You may access various NAICS reference files and tools at the official U.S. Government Web site http://www.census.gov/eos/www/naics/.
The official 2007 U.S. NAICS Manual includes definitions for each industry, background information, tables showing changes between 2002 and 2007, and a comprehensive index. The official 2007 U.S. NAICS Manual is available in print and on CD-ROM from the National Technical Information Service (NTIS) at (800) 553-6847 or (703) 605-6000, or through the NTIS Web site.
18. What is the DUNS Number and why is it being requested?
The DUNS Number is a nine-digit business identifier that is assigned and maintained by Dun and Bradstreet. The DUNS Number is the standard for all Federal government electronic commerce transactions and is used as the contractor identification code all for procurement-related activities. The DUNS Number uniquely identifies a single business entity, while linking the corporate family structure. Employer submission of this number will assist VETS in identifying Federal contractors and subcontractors. Government contractors may request a DUNS Number at no cost via the web http://fedgov.dnb.com/webform, or by contacting the D&B Government Customer Response Center: U.S. and U.S Virgin Islands: 1-866-705-5711 Alaska and Puerto Rico: 1-800-234-3867. Additional information about the DUNS number can be found at the following web site: http://www.dnb.com/
19. What is the EIN number and why is it being requested?
The Employer Identification Number (EIN) is assigned by the Internal Revenue Service to all employers. The EIN assists VETS in correctly identifying the contractors that are to be included in our Federal contractors' database and verifying submission of required reports. The EIN also assists VETS in updating and maintaining a current database, including removal of employers who are no longer required to submit the VETS-100 or VETS-100A Report.
20. What is considered a parent company?
The term "parent company" refers to any corporation which owns all or the majority stock of another corporation so that the latter stands in relation to it as a subsidiary.
21. What does "hiring location" mean?
"Hiring location" has the same definition as "establishment," which is defined in the instructions for completing the EEO-1 Report. It means an economic unit which produces goods or services, such as a factory, office, store, or mine. In most instances, the establishment is a single physical location engaged in one, or predominantly one, economic activity. See 41 CFR 61-250.2 (b) (1) and 41 CFR 61-300.2(b) (1).
Single-establishment employers must file appropriate Veterans' Employment Report(s) (either the VETS-100 Report or VET-100A Report or both). Multi-establishment employers file the appropriate report(s) for the headquarters office and for each hiring location employing 50 or more persons. If the multi-establishment employer has hiring locations employing fewer than 50 persons, the employer may file separate reports for each location or consolidated reports that cover hiring locations within one State.
22. What is meant by "number of employees?"
Generally, the term "employee" for purposes of the VETS-100 and VETS-100A reporting means any individual on the payroll of an employer who is an employee for purposes of the employer's withholding of Social Security withholding. The term employee does not include persons who are hired on a casual basis for a specified time, or for the duration of a specified job. See 41 CFR 61-250.2 (b) (2) and 41 CFR 61-300.2 (b) (2). When completing the VETS-100 and VETS-100A Reports the contractor is to provide data for the number of permanent full-time and part-time employees who belong to the specified categories of veterans along with the total number of employees, both veterans and non-veterans, as of the ending date of the selected payroll period.
23. What is meant by "new hires?"
A "new hire" is a regular full-time or part-time employee who is hired during the reporting period -- the 12-month period preceding the ending date of the selected payroll period. When completing the VETS-100 and VETS-100A Reports the contractor is to provide data on the total number of new hires, both veterans and non-veterans, and the number of new hires who belong to the specified categories of veterans.
24. What is meant by "maximum and minimum" number of employees?
The "maximum" number of employees is the greatest number of employees on board during the 12-month period covered by the report. The "minimum" number is the fewest number of employees on board during the 12- month reporting period.
25. Where can I find information on the wars, campaigns, or expeditions for which a campaign badge has been authorized?
Information on the wars, campaigns, or expeditions for which a campaign badge has been authorized may be found at http://www.opm.gov/veterans/html/vgmedal2.htm.
26. Where can I find information on the operations that qualify a veteran for an Armed Forces service medal?
The following Web site has information about the Armed Forces service medal: http://www.fedshirevets.gov/hire/hrp/vetguide/index.aspx.
27. I hired a recently separated veteran with a service connected disability. Must I report this veteran in more than one category?
Yes. A veteran that falls into multiple categories must be counted in each category in the VETS-100 or VETS-100A Report for which the individual veteran meets the defined criteria. For example, a contractor who employs a recently separated veteran who self-identifies as a veteran with a service connected disability would report the person as a "recently separated" and as a "disabled veteran." If the person has a campaign or expeditionary medal, he or she would be reported a third time as an "other protected veteran."
28. I have an employee who separated from service on June 10, 2008. She was hired on July 1, 2009. How do I report her veterans' status on the VETS-100A Report that is to be filed by September 30, 2010?
|
NUMBER OF EMPLOYEES |
NEW HIRES (PREVIOUS 12 MONTHS) |
||||||||
DISABLED VETERANS |
OTHER PROTECTED VETERANS |
ARMED FORCES SERVICE MEDAL VETERANS |
RECENTLY SEPARATED VETERANS |
TOTAL EMPLOYEES, BOTH VETERANS AND NON-VETERANS |
DISABLED VETERANS |
OTHER PROTECTED VETERANS |
ARMED FORCES SERVICE MEDAL VETERANS |
RECENTLY SEPARATED VETERANS |
TOTAL NEW HIRES, BOTH VETERANS AND NON-VETERANS |
|
On the VETS-100A Report that is to be filed in 2010, she would be reported as an "employee" in Column (O) "Recently Separated Veterans."
29. A veteran who separated from service on June 10, 2008 was hired on June 1, 2010. How do I report her veterans' status on the VETS-100A Report that must be filed by September 30, 2010?
|
NUMBER OF EMPLOYEES |
NEW HIRES (PREVIOUS 12 MONTHS) |
||||||||
DISABLED VETERANS |
OTHER PROTECTED VETERANS |
ARMED FORCES SERVICE MEDAL VETERANS |
RECENTLY SEPARATED VETERANS |
TOTAL EMPLOYEES, BOTH VETERANS AND NON-VETERANS |
DISABLED VETERANS |
OTHER PROTECTED VETERANS |
ARMED FORCES SERVICE MEDAL VETERANS |
RECENTLY SEPARATED VETERANS |
TOTAL NEW HIRES, BOTH VETERANS AND NON-VETERANS |
|
On the VETS-100A Report that is to be filed in 2010, she would be reported as a "new hire" (previous 12 months) in Column (T) "Recently Separated Veterans."
30. Am I required to ask new employees about their past military service or veterans' status?
Under the regulations implementing the affirmative action provisions of VEVRAA issued by the Office of Federal Contract Compliance Programs (OFCCP), a Federal contractor is required to invite applicants to inform the contractor whether he or she is a veteran belonging to one or more of the categories of veterans covered under VEVRAA who wishes to benefit under the contractor's affirmative action program (AAP) for covered veterans. Except in limited circumstances, the contractor is to extend the invitation to self-identify as a special disabled veteran or a disabled veteran after an employment offer has been made and before the applicant begins work. The contractor may invite applicants to self-identify as a veteran belonging to the other categories of covered veterans at any time before the applicant begins his or her employment duties. Contractors are to inform applicants that the information is requested on a voluntarily basis and that the request to benefit under the contractor's AAP may be made immediately and/or at any time in the future.
For further explanation of the invitation to self-identify requirements, see 41 CFR 60-250.42 and 60-300.42.
31. Can I ask my current employees if they belong to one of the veteran categories on the new VETS-100A Report?
Contractors and subcontractors are not required to survey their workforces to solicit information about veterans' status for the purpose of completing the VETS-100 or VETS-100A Report. However, a contractor is permitted to solicit information about veterans' status in any lawful manner. So, for example, if the contractor periodically surveys its employees for the purpose of updating personnel records, the contractor could ask the employees to provide information regarding their veterans' status at that time.
32. My company employs no covered veterans and I have hired no new employees during the reporting period. How do I complete the VETS-100A Report?
Fill in the period covered, put zeros in the columns, and return the form to the address indicated.
33. My company has had no covered Government contracts in the past several years. Why am I continuing to receive VETS-100 reporting requirements mailings?
A company is removed from the Federal contractor database when it has not filed a VETS-100 Report in three years and the Commerce Business Daily (CBD) or the Federal Procurement Data System (FPDS) does not list a Government contract for the company. If you have not had a Government contract in three years but continue to receive VETS-100 or VETS-100A Reports, send a letter to U. S. Department of Labor, Veterans' Employment and Training Service, VETS-100/VETS-100A Reporting Office, P.O. Box 726, Lanham, Maryland 20703-0726. In the letter, explain that your company has not been awarded a Government contract in more than three years, and request that your company be removed from the Federal contractor data base.
34. What if I don't submit a VETS-100 or VETS-100A Report?
Federal contracting agencies are prohibited from obligating or expending funds to enter into a contract covered by VEVRAA with a contractor from which a VETS-100 or VETS-100A Report was required with respect to previous fiscal year if such contractor did not submit such report. (31 U.S.C. 1354). The Secretary of Labor makes a database available to Federal contracting officers listing the Veterans' Employment Reports received from Federal contractors and subcontractors.
35. We are a small bank. Are we required to file this report?
A bank is covered under VEVRAA if it has a single contract that meets the dollar threshold amount for coverage. A current Government contract of $25,000 or more that was entered into before December 1, 2003 would subject the bank to the VETS-100 reporting requirement. A current Government contract of $100,000 or more that was entered into or modified on or after December 1, 2003 would subject the bank to the VETS-100A reporting requirements. Government contracts held by banks and other financial institutions include, but are not limited to, agreements to serve as fund depository, agreements for federal share and deposit insurance, and agreements to serve as an issuing and paying agent for U.S. savings bonds and savings notes.
36. A State agency is not involved in a Government contract or subcontract. Should the State agency complete a VETS-100 or VETS-100A Report?
No. The reporting requirements under VEVRAA apply only to contractors that are subject to the affirmative action provisions of VEVRAA and the implementing regulations in 41 CFR Parts 60-250 and 60-300 issued by OFCCP. The affirmative action provisions of VEVRAA and the implementing regulations do not apply to an agency or subdivision of State or local government that does not participate in work on or under the Government contract or subcontract.
Affirmative Action Obligations
37. What are the Federal contractor job listing requirements?
The affirmative action provisions of VEVRAA require covered contractors and subcontractors to take affirmative action to employ and advance in employment qualified covered veterans. 38 U.S.C. 4212(a). To implement the affirmative action requirement, VEVRAA and its implementing regulations found at 41 CFR Parts 60-250 and 60-300, require contractors and subcontractors to list most employment openings with an appropriate employment service delivery system and each such employment service delivery system is to provide protected veterans priority referrals to such openings. Positions that will be filled from within the contractor's organization and positions lasting three days or less are exempt from this mandatory job-listing requirement. Listing employment openings with the State workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the local employment service delivery system.
OFCCP is responsible for ensuring compliance with requirement in VEVRAA that contractors list their employment openings with the appropriate employment service delivery system.
For additional information regarding compliance with the job listing requirement is available on the OFCCP website in the form of FAQs http://www.dol.gov/ofccp/regs/compliance/faqs/jvafaqs.htm
38. What happens if I don't comply with the Federal contractor job listing requirements?
OFCCP enforces VEVRAA and its implementing regulations mainly through compliance evaluations, but also, at times, through complaint investigations. If a compliance evaluation or complaint investigation discloses evidence of a violation of VEVRAA and its implementing regulations, including a violation of the job listing requirements, the regulations require OFCCP to attempt conciliation with the contractor and to negotiate a conciliation agreement. Where voluntary compliance cannot be achieved, OFCCP may refer the matter to the Solicitor of Labor to institute formal, administrative enforcement proceedings, or refer the case to the Attorney General for the appropriate litigation. A contractor in violation of VEVRAA and its implementing regulations may have its contracts canceled, terminated, or suspended in whole or in part, and the contractor may be debarred, i.e., declared ineligible for future government contracts.
39. Must I develop an affirmative action program?
Under the regulations implementing the affirmative action provisions of VEVRAA certain contractors and subcontractors are required to have a written affirmative action program (AAP). 41 CFR 60-250.40 and 60-300.40. For contracts entered into before December 1, 2003, each contractor or subcontractor that has (1) 50 or more employees, and (2) a Government contract or subcontract of $50,000 or more, must prepare, implement, and maintain a written AAP for each of its establishments. For contracts and subcontracts entered into or modified on or after December 1, 2003, each contractor or subcontractor that has (1) 50 or more employees, and (2) a Government contract or subcontract of $100,000 or more, must prepare, implement, and maintain a written AAP for each of its establishments.
The AAP requirements under VEVRAA are also administered and enforced by OFCCP. Additional information regarding the AAP requirement is also available on the OFCCP website http://www.dol.gov/ofccp/regs/compliance/faqs/jvafaqs.htm
40. As a Federal contractor, what is my responsibility towards my subcontractors?
OFCCP's regulations implementing the affirmative action provisions of VEVRAA prior to amendment by the JVA require Federal contractors to include the equal opportunity clause in every subcontract or purchase order of $25,000 or more so that the provisions of the equal opportunity clause are binding on each subcontractor or vendor. 41 CFR 60-250.5(b). The regulations in Part 60-300 implementing the JVA amendments similarly require contractors to include the clause in any subcontract or purchase order of $100,000 or more. 41 CFR 60-300.5(b).
