With all the publicity surrounding the EEO-1 Component 2 filing, it is possible that some government contractors may be forgetting they have another filing due September 30, 2019 – the VETS-4212 report. The reports are required by the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).

Important points about the VETS-4212 filing include:

  • Who must file a report: VEVRAA applies to a single contract of $150,000, a master contract with purchase orders that equal $150,000, or a modification of a contract or master purchase agreement for the purchase, sale, or use of goods or services (including construction) between any person or entity and a “department, agency, establishment, or instrumentality of the United States Government, including any wholly owned Government corporation.” VEVRAA also applies to subcontracts under a contract with the government at the aforementioned amount.
  • How many employees must a contractor have before a report must be filed: Unlike the EEO-1 reports, there is no minimum employee threshold for filing. Accordingly it is possible that contractors with no EEO-1 filing obligation must still file the VETS-4212.
  • What are the consequences for failing to file: The filing database is made available to Federal Contracting Officers. Contracting Officers are prohibited from expending funds or entering into contracts with companies that were required to file a VETS-4212 the prior year but did not submit a report. In addition, in a compliance review the OFCCP usually requires contractors to provide VETS-4212 reports for the prior three years.