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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-4212 Customer Support Office by e-mail at VETS4212-customersupport@dol.gov or by Phone at (866) 237-0275 for further assistance.

Table of Contents

Federal Contractor Reporting Requirements

1. When do I need to file my VETS-4212 report(s)

2. What does it mean "Filing Cycle"

3. What does it mean "Ending Period"

4. What are the Federal contractor reporting requirements under the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)?

5. Which contractors are covered by the VETS-4212 reporting requirements as described in the 41 CFR part 61-300 regulations?

6. What is a "Government" or "Federal" contract?"

7. Where can I find copies of the regulations implementing the reporting requirements under VEVRAA?

8. What categories are reported on the VETS-4212 Report?

9. When is the VETS-4212 Reports due?

10. When can I stop filing a VETS-4212 report?

11. What if I don't submit a VETS-4212 Report?

12. How do I obtain the VETS-4212 Report forms and instructions?

13. Can I file electronically?

14. What is the "reporting period" for the purposes of completing the VETS-4212 Reports?

15. What is meant by "new hires?"

16. What is meant by "number of employees?"

17. What is meant by "maximum and minimum" number of employees?

18. What is a "NAICS" code?

19. What is the DUNS Number and why is it being requested?

20. What is the EIN number and why is it being requested?

21. What is considered a parent company?

22. What does "hiring location" mean?

23. Where can I find information on the wars, campaigns, or expeditions for which a campaign badge has been authorized?

24. Where can I find information on the operations that qualify a veteran for an Armed Forces service medal?

25. I have an employee who separated from service on June 10, 2011. She was hired on August 12, 2014. How do I report her veterans' status on the VETS-4212 Report that is to be filed by September 30, 2015?

26. I have an employee who separated from service on June 10, 2011. She was hired on August 12, 2013. How do I report her veterans' status on the VETS-4212 Report that is to be filed by September 30, 2015

27. A veteran who separated from service on June 10, 2013 was hired on October 1, 2014. How do I report his veterans' status on the VETS-4212 Report that is to be filed by September 30, 2015?

28. Am I required to ask new employees about their past military service or veterans' status?

29. May I ask my current employees if they belong to one of the veteran categories on the new VETS-4212 Report?

30. My company currently employs no covered veterans and I have hired no new employees during the reporting period. How do I complete the VETS-4212 Report?

31. We are a small bank. Are we required to file this report?

32. If a state agency is not involved in a Federal contract or subcontract, should the agency complete a VETS-4212 Report?

Affirmative Action Obligations

33. What are the Federal Contractor Job Listing (FCJL) requirements?

34. What happens if I don't comply with the FCJL listing requirements?

35. Must I develop an affirmative action program?

36. As a Federal contractor, what is my responsibility towards my subcontractors?

DataDotGov Access Information

37. How can I access the Federal Contractor Veterans’ Employment Report data on dataDotGov?


Federal Contractor Reporting Requirements

1. When do I need to file my VETS-4212 Report(s)

Each year starting August 1st and going though September 30th all contractors and subcontractor that have contracts that meet the requirement for submitting reports must file a report each year during the offical "Filing Cycle". Additionally if a contractor or subcontractor obtains a contract that meets the requirements to submit report(s) they are required to submit these report(s) within 120 days.


2. What does it mean "Filing Cycle"?

"Filing Cycle" - Is the time period from August 1st through September 30th when reports are required to be submitted by all contractors and subcontractors who have contracts that meet the requirements for reporting.


3. What does it mean "Ending Period"?

"Ending Period" - When submitting your report(s) you need to choose a pay period ending date that is between July 1st and August 30th. This will be the date that is used to create a snapshot of your companies hiring information.


4. What are the Federal contractor reporting requirements under the Vietnam Era Veterans Readjustment Assistance Act (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 in 41 CFR part 61-300 to implement the reporting requirements under VEVRAA.

  • The regulations in 41 CFR part 61-300 implement the Jobs for Veterans Act (JVA) amendments to the reporting requirements under VEVRAA and require the annual submission of the Federal Contractor Veterans' Employment Report VETS-4212.

5. Which contractors are covered by the VETS-4212 reporting requirements as described in the 41 CFR part 61-300 regulations?

All nonexempt Federal contractors and subcontractors with a contract or subcontract in the amount of $100,000 or more with any department or agency of the United States for the procurement of personal property or non-personal services.


6. What is a "Government" or "Federal" contract?"

"Government contract" is defined as any agreement, or modification thereof, between any person and a department, agency, establishment or instrumentality of the United States Government for the purchase, sale, or use of personal services and non-personal services (including construction). The term "Federal contract" is also used in these Frequently Asked Questions, and has the same meaning as "Government contract."


7.Where can I find copies of the regulations implementing the reporting requirements under VEVRAA?

Regulations are available at:

41 CFR part 61-300 –
http://webapps.dol.gov/FederalRegister/HtmlDisplay.aspx?DocId=27813&AgencyId=29&DocumentType=2


8. What categories are reported on the VETS-4212 Report?

The VETS-4212 Report categories are simply "Protected Veterans'" as defined by 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).


9. When is the VETS-4212 Report due?

The VETS-4212 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.


10. When can I stop filing a VETS-4212 report?

A contractor may stop filing the VETS-4212 Report when it no longer has a Federal contract or subcontract covered by the VETS-4212 reporting requirement.


11. What if I don't submit a VETS-4212 Report?

Federal Contracting Officers (CO / KO) are prohibited from expending or obligating funds or entering into a contract with a contractor that was subject to reporting requirements under VEVRAA but did not submit a Report for the previous fiscal year (31 U.S.C. 1354).

The U.S. Secretary of Labor provides a database available to Federal Contracting Officers (CO / KO) of Federal contractors and subcontractors that filed the previous year's report. Federal Contracting Officers may also contact the VETS-4212 Customer Support Center via telephone at (866) 237-0275 or by sending an email to VETS4212-customersupport@dol.gov.


12. How do I obtain the VETS-4212 Report forms and instructions?

You may download the VETS-4212 Report from our website at www.dol.gov/vets/vets4212.htm


13. Can I file electronically?

Yes, you are encouraged to file electronically. Please visit the VETS-4212 website at http://www.dol.gov/vets/vets4212.htm to submit the VETS-4212 Report(s) electronically.

Reports for the reporting cycle may be filed between August 1 and September 30, .

Further information is available by contacting the VETS-4212 Customer Support Center at (866) 237-0275 or by sending an email to VETS4212-customersupport@dol.gov.


14. What is the "reporting period" for the purposes of completing the VETS-4212 Reports?

To determine the "reporting period" for the purposes of completing the VETS-4212 Reports, the contractor must first select a date in the current year between July 1 and August 31 that represents the end of a payroll period. The 12-month period proceeding the selected payroll period ending date is the 12-month reporting period.

For example, if a Federal contractor or subcontractor selects a pay period that ends on July 20, .  The employer’s pay period covers a two-week period.  The employer counts the new hires during the previous 26 pay periods (52 calendar weeks) and reports the total amount of employees at the end of the July 20, pay period.  The employer reports the maximum and minimum number of employees during the 26 pay periods over the 52 weeks.

A contractor that has approval from the Equal Employment Opportunity Commission to use December 31 as the ending date for the EEO-1 Report may also use December 31 as the ending date for the payroll period selected for the VETS-4212 Reports.


15. 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, which is the 12-month period preceding the ending date of the selected payroll period. When completing the VETS-4212 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.


16. What is meant by "number of employees?"

Generally, the term "employee" for the purposes of the VETS-4212 reporting means any individual on the payroll of an employer who is an employee for the 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 (41 CFR part 61-300.2 (b) (2)).  When completing the VETS-4212 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.


17. 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.


18. 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. federal website, http://www.census.gov/eos/www/naics/.

The official 2012 U.S. NAICS includes definitions for each industry, background information, tables showing changes between 2007 and 2012, and a comprehensive index. The official 2012 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. Previous versions of the NAICS Manual are available.


19. 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 electronic commerce transactions and is used as the contractor identification code for all 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.

Federal contractors may request a DUNS Number at no cost via the website, fedgov.dnb.com/webform, or by contacting the D&B Federal 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 website: http://www.dnb.com/.


20. 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-4212 Report.

Federal Contractors may find out more information about obtaining an EIN at the following website: https://www.apply-gov.us/tax-id


21. 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.


22. 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 (41 CFR part 61-300.2(b) (1)).

Single-establishment employers must file the VETS-4212 Report. Multi-establishment employers file 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.


23. 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 on the following website, www.opm.gov/veterans/html/vgmedal2.htm.


24. Where can I find information on the operations that qualify a veteran for an Armed Forces service medal?

The following website has information about the Armed Forces service medal: www.fedshirevets.gov/hire/hrp/vetguide/index.aspx.


25. I have an employee who separated from service on June 10, 2011. She was hired on August 12, 2014.  How do I report her veterans' status on the VETS-4212 Report that is to be filed by September 30, 2015?


JOB
CATEGORIES
NUMBER OF EMPLOYEES
NEW HIRES (PREVIOUS 12 MONTHS)
PROTECTED VETERANS

(A)
TOTAL EMPLOYEES, BOTH VETERANS AND NON-VETERANS
(B)
PROTECTED VETERANS

(C)
TOTAL NEW HIRES, BOTH VETERANS AND NON-VETERANS
(D)

When filing the VETS-4212 Report, she should be reported as an "employee" in Column (B) and as “new hire” in Column (D).  She should not be reported as a “protected veteran” because she had been out of the service for more than three years when hired.  Under VEVRAA, “recently separated veteran” means a veteran released from active duty in the U.S. military, ground, naval, or air service within the past 3 years.


26. I have an employee who separated from service on June 10, 2011. She was hired on August 12, 2013. How do I report her veterans' status on the VETS-4212 Report that is to be filed by September 30, 2015?


JOB
CATEGORIES
NUMBER OF EMPLOYEES
NEW HIRES (PREVIOUS 12 MONTHS)
PROTECTED VETERANS

(A)
TOTAL EMPLOYEES, BOTH VETERANS AND NON-VETERANS
(B)
PROTECTED VETERANS

(C)
TOTAL NEW HIRES, BOTH VETERANS AND NON-VETERANS
(D)

When filing the VETS-4212 Report, she should be reported as an "employee" in Column (B) and should not be reported as a “protected veteran” because the employee has been out of the service for more than three years. Under VEVRAA, “recently separated veteran” means a veteran released from active duty in the U.S. military, ground, naval, or air service within the past 3 years


27. A veteran who separated from service on June 10, 2013 was hired on October 1, 2014. How do I report his veterans' status on the VETS-4212 Report in ?


JOB
CATEGORIES
NUMBER OF EMPLOYEES
NEW HIRES (PREVIOUS 12 MONTHS)
PROTECTED VETERANS

(A)
TOTAL EMPLOYEES, BOTH VETERANS AND NON-VETERANS
(B)
PROTECTED VETERANS

(C)
TOTAL NEW HIRES, BOTH VETERANS AND NON-VETERANS
(D)

When filing the VETS-4212 Report, he should be reported as a “protected veteran” in Column (A).  The contractor hired the veteran within three years of his release from active duty.  The veteran should also be counted as a “new hire” in Column (C). 


28. Am I required to ask new employees about their past military service or veterans' status?  

Yes. 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 of the categories of veterans covered under VEVRAA who wishes to benefit under the contractor's affirmative action program (AAP) for covered veterans.

For further explanation of the invitation to self-identify requirements, see 41 CFR 60-300.42.


29. May I ask my current employees if they belong to one of the veteran categories on the new VETS-4212 Report?

Contractors and subcontractors and subcontractors are not required to survey their workforces to solicit information about veterans' status for the purpose of completing the VETS-4212 Report. However, a contractor is permitted to solicit information about veterans' status in any lawful manner.

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.


30. My company currently employs no covered veterans and I have hired no new employees during the reporting period. How do I complete the VETS-4212 Report?

A Federal contractor still needs to file VETS-4212 report. Fill in the period covered, enter zeros in columns A, C & D, complete column B, enter maximum and minimum number of employees and submit the form electronically or return to the address indicated


31. 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 $100,000 threshold amount for coverage. Federal contracts held by banks and other financial institutions include, but are not limited to, agreements to serve as fund depository and  agreements for federal share and deposit insurance.


32. If a state agency is not involved in a Federal contract or subcontract, should the agency complete a VETS-4212 Report?

No. The reporting requirements under VEVRAA apply only to Federal contractors that are subject to the affirmative action provisions of VEVRAA.  The reporting requirements do not apply to an agency or subdivision of a State or local government that does not participate in work on or under a Federal contract or subcontract. 


Affirmative Action Obligations

33. What are the Federal Contractor Job Listing (FCJL) 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 OFCCP’s implementing regulations require contractors and subcontractors to list most employment openings with an appropriate employment service delivery system.  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.

The U.S. DOL Office of Federal Contract Compliance Programs (OFCCP) 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


34. What happens if I don't comply with the FCJL listing requirements?

OFCCP enforces VEVRAA and its implementing regulations mainly through compliance evaluations and on-site visits, 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 federal contracts.


35. Must I develop an affirmative action program?

Under OFCCP’s regulations implementing the affirmative action provisions of VEVRAA each contractor or subcontractor that has, (1) 50 or more employees, and (2) a Federal contract or subcontract of $100,000 or more, must prepare, implement, and maintain a written AAP for each of its establishments.  41 CFR 60-300.40.

Additional information regarding the AAP requirement is also available on the Office of Federal Contract Compliance Programs’ (OFCCP) website: www.dol.gov/ofccp/regs/compliance/faqs/jvafaqs.htm


36. As a Federal contractor, what is my responsibility towards my subcontractors?

OFCCP's regulations implementing the affirmative action provisions of VEVRAA require contractors to include the clause in any subcontract or purchase order of $100,000 or more. 41 CFR 60-300.5(b).

37. How can I access the Federal Contractor Veterans' Employment Report data on DataDotGov?

The DataDotGov access information is located at the followning three URL's, one for the VETS-100, VETS-100A, and the VETS-4212.

VETS-100: http://catalog.data.gov/dataset/vets-100
VETS-100A: http://catalog.data.gov/dataset/vets-100a
VETS-4212: http://catalog.data.gov/dataset/vets-4212

When you use these URLs they will go to a page that looks like figure 1.

Data dot gov VETS-100A description

You will then need to click on the button "Visit Page" to the right of "Landing Page". This will take you to http://developer.dol.gov/others/vets1004/ allowing you to view the dataset tables and definitions; we will use this information later on during these instructions. To access the data you will need to use URL filtering and are limited to only 100 records at a time. The first thing you will need to do is create an account at https://devtools.dol.gov/developer/Account/Register figure 2, which you will use to create unique tokens to access the DOL public API. Once you have created an account you will need to login by going to https://devtools.dol.gov/developer figure 3, enter your username and password and click "Log In".

DOL Public API Registration Screen

DOL Public API Login

Once you have logged into the public API in the upper right will be a link "My Tokens". Click on this link to access your current tokens. The first time you enter you will not have any tokens so you will need to click on the link "Create New Token" figure 4

My API Tokens

Create API Token

The shared secret is really a long complex password, don't worry about forgetting what you entered, you will be able to look up this information once you have completed the process. The application name is anything you would like such as "VETS-4212 Data". The description allows you to define what you are creating the key for, such as "This token will be used to access the VETS-4212 application data." Once all fields have been completed click on the button "Create". This will take you back to the "My Tokens". Once back on this page you will want to copy the "Token" value you just created because you will need to use it when accessing the data using the DOL API.

Now you have everything you need to start accessing the actual data from the DOL API. Remember the landing page I mention you will use later on in these instructions. Now is the time you will go to the URL http://developer.dol.gov/others/vets100/ image 6, to get two important pieces you will need when accessing the data. The first piece of information is the base URL, in the image it is highlighted in yellow http://api.dol.gov/V1/VETS100. The second piece of information you will need is the dataset tables that are used to access each specific report type. In the image it is showing 2 tables V100DataDotGov and V100ADataDotGov. Once the 2015 filing cycle starts we will be adding the third table for V4212DataDotGov

VETS-100/100A/4212 Landing Page

You will be combining these two pieces to create a URL that will return specific data. As an example, you want to get VETS-100A data your URL will begin with http://api.dol.gov/v1/vets100/V100ADataDotGov?key=. You will fill in your token you created earlier in these instructions. The next items you will add to the URL will define what data you need. This will be defined using a special parameter named "$filter" followed by your parameters such as the filing cycle "$filter=FilingCycle eq 2014", the eq is short for equal. This will return the first 100 records that have a filing cycle of 2014. To get past the first 100 records you will then add two additional parameters "$skip" and "$top". Since you are going to want the most records at a time you will set the "$top" parameter equal to 100. The next parameters defines how many "$top" records to skip prior to returning the next 100 records. For our example, here is what the full URL will look like http://api.dol.gov/v1/vets100/V100ADataDotGov?key=&$filter=FilingCycle eq 2014&$skip=10&$top=100. In this example it will return the next 100 records starting at 1000. For additional reference please refer to http://developer.dol.gov/accessing-the-apis-using-http-requests/ which describes in more detail on URL filtering