When I started and register my business, I had my sister name as a member of the business, she is currently on Active duty in another state and I am in NC operating the business. I submitted an application to get my CVE after I transitioned out of the military in December 2014, and today I receive a letter stating that they cannot determine the control and management of my business because my sister's name was on the Operating Agreement that I created when I started the business in November. The Operating Agreement specifically stated that she is a non-voting member and that she is not involve in the daily operations of the business. The VIP gave me 2 days to respond to this Predetermination finding (PDF) suggesting that I withdraw my application. I don't want to withdraw, because I run the business by myself and she not even physically in the state of operation. I also deserve to have a CVE for my business, because I served with over 17 years.
Please advise how to reply back to the VIP. I only have 2 days to respond to them.
Thanks
Christianah
Answers
CVE SDVOSB cert process is not for the faint of heart. If it was easy, everyone would do it.
My Humble Opinion if you are the SDVOSB... withdraw completely for the time being and prepare to set a more solid foundation.
Legally remove anyone else from operating agreement. At this point - get ducks in line. if C-corp, amend your SOS files first then your legal corp docs to have you as Director, President, Secretary and Treasure.
Point is to make it crystal clear you are 100% in control and make all decisions in the operations.
If this is a new business, I suggest spending 2-3 years getting past performance and history with Local and State Public Sector and fully understand the Public Policy Goal attainment metrics along the way.
Federal Procurement officers generally will go the least past of resistance.. simply they want to ensure who they are procuring from have/has a complete Grasp of the Federal Acquisition Regulations.. there is a lot at risk for them as well.
So this is a good thing.. You are learning.. if it was easy, everyone would do it. Be patient and diversify your sales and operations in the mean time. Take a step back.. get corp docs set up properly, operate in full transparency and FAR compliance.
Then come back at a later time when you are 100% in control.
Once you obtain 3-5 years of federal expertise, then look to bring on % of partners.
You Served 17 years making things happen for the mission - you can do this!
Pete Carruth - President
Strato Communications, Inc
Hi Christianah,
That is a very specialized question, which is probably why you have not received any answers. The best place to get help with those types of questions is at your local Small Business Development Center. This is the Fayetteville office: http://www.sbtdc.org/offices/fsu/
1200 Murchison Road
Fayetteville, NC 28302
(910) 672-1727
Good luck with your application.
Regards
Shannon
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