FEDERAL Govt Contracting - SBIRs: The Good, The Bad & How

SBIR’s - The Good, The Bad & The How

US Federal Government Contracting Webinar Series - 2016 Presented By: Mark Amadeo JUNE 17, 2016

2016 US Federal Government Contracting Webinar Series CALENDAR OF EVENTS: (All Webinars are at 12pm EST & Recorded) JUNE 1 - Maximizing The Value of Your GovCon Business https://attendee.gotowebinar.com/register/74156936435694851

JUNE 2 - Capture Planning - To Bid Or Not To Bid https://attendee.gotowebinar.com/register/7051206926535220483

JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable https://attendee.gotowebinar.com/register/7352313683359938307

JUNE 6 - Teaming With Tribally Owned 8(a) Businesses https://attendee.gotowebinar.com/register/4324839202604449539

JUNE 7 - Color Reviews For Successful Proposals https://attendee.gotowebinar.com/register/3973323136181419267

JUNE 8 - Preparing The FSO for a DSS Audit https://attendee.gotowebinar.com/register/423786240906737667

JUNE 9 - Life After 8(a) - Best Practices & Case Study https://attendee.gotowebinar.com/register/6473232146721067779

JUNE 10 - The Politics Of Procurement https://attendee.gotowebinar.com/register/3924758807094447107

JUNE 13 - Contract Administration - Best Practices https://attendee.gotowebinar.com/register/2132047978959217667

JUNE 14 - So You Have A Facility Clearance, Now What? https://attendee.gotowebinar.com/register/9028972158695833091

JUNE 15 - Unsolicited Proposals - Why, What & How. https://attendee.gotowebinar.com/register/4729436391901262849

JUNE 17 - SBIR's - The Good, The Bad & The "How" https://attendee.gotowebinar.com/register/6337198369128857857

2016 US Federal Government Contracting Webinar Series

AGENDA

2016 US Federal Government Contracting Webinar Series AGENDA:

• Introduction – HOST •Introduction - GUEST • Presentation •Conclusions •Q&A

2016 US Federal Government Contracting Webinar Series

INTRODUCTION Host

2016 US Federal Government Contracting Webinar Series

Jennifer Schaus About The Host * Approx 20 Yrs in Gov Contracting * Career: D&B (Govt Division) Federal Sales & GSA Scheds * Frequent Speaker: Chambers, NCMA, AFCEA, etc * Member: WIPG * Education: Towson University – B.A. UC Berkeley - Leadership Accelerator Cornell University - Exec Leadership

2016 US Federal Government Contracting Webinar Series

Jennifer Schaus Jennifer Schaus & Associates * DC Based Consulting Firm * Over 10 Yrs in Business * Support Services for Gov Cons Proposal Writing / Contract Vehicles (GSA) Sales & Biz Dev Certifications – SBA 8(a); SDVO; etc.

Events

2016 US Federal Government Contracting Webinar Series

INTRODUCTION Mark A. Amadeo

2016 US Federal Government Contracting Webinar Series

Mark A. Amadeo ABOUT OUR SPEAKER •

Over 20 years of experience as government counsel & law firm counsel

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Before starting boutique law firm, was a partner at DC law firm

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LL.M. Georgetown University Law Center; J.D. University of Wisconsin Law School; B.A. Boston College

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Member of several business, government contracting & technology groups in DC, Maryland & Virginia

2016 US Federal Government Contracting Webinar Series

Mark Amadeo Amadeo Law Firm, PLLC

• Offices in DC, Bethesda & Frederick • Litigation background helps avoid pitfalls • Focus on Government Contracting & Technology • Government Contracts •

Review/negotiation: FAR/DFARS compliance

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Pre & Post Award Teaming: JV’s & Subcontracts

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Technology: IP preservation & commercialization

2016 US Federal Government Contracting Webinar Series

PRESENTATION SBIR’s – The Good, The Bad & The How

2016 US Federal Government Contracting Webinar Series

SBIR & STTR Awards Awards

Obligations

2011

6218

$2.4B

2012

6170

$2.5B

2013

5310

$2.3B

2014

5511

$2.4B

2016 US Federal Government Contracting Webinar Series

Program Purposes Small Business Innovation Research (SBIR) • Use small businesses to meet Fed R&D • Stimulate tech innovation • Tech innovation by WOSB, economically & socially disadvantaged businesses • Private sector commercialization Small Business Technology Transfer (STTR) • + Facilitate R&D cooperation with US research institutions

2016 US Federal Government Contracting Webinar Series

Three Phases •

Phase I Scientific, Technical Merit & Feasibility

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Phase II Full development work

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Phase III Commercial application

2016 US Federal Government Contracting Webinar Series

Phase I & Phase II Eligibility Ownership & Control – More than 50% • U.S. citizens or permanent residents • Other SBC’s - 50%+ U.S. citizens or residents • Joint Venture - meet above requirements • Venture capital, hedge fund, private equity, or combination (SBIR Only) Size • No more than 500 employees including affiliates

2016 US Federal Government Contracting Webinar Series

SBIR & STTR Affiliation Rules • • • • • • •

Ownership Stock Option, convertible securities, agreement to merge Common management Identity of interest Newly organized concern Joint Ventures Ostensible subcontractor rule

2016 US Federal Government Contracting Webinar Series

The Good •

Government tech seed money

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High risk funding when few alternatives

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No equity obligation

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Government’s more restricted rights in government-funded technical data and software

2016 US Federal Government Contracting Webinar Series

More Restricted Rights In Government Funded Data and Software SBIR/STTR Data Civilian • First produced under SBIR/STTR contract • Not generally known or available • Not already available to government DoD • First generated under DoD contract • From the time of contract award to five years after SBIR contract completion

2016 US Federal Government Contracting Webinar Series

More Restricted Rights In Government Funded Data and Software

Protection Period •

Civilian – four years after delivery

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DoD – five years after contract completion

2016 US Federal Government Contracting Webinar Series

More Restricted Rights In Government Funded Data and Software Government’s Typical Rights – Unlimited SBIR/STTR Rights Civilian – Government purpose only; no disclosures, except support contractors DoD – Similar restrictions: Limited rights to technical data Restricted rights in software After Protection Period – typical rights

2016 US Federal Government Contracting Webinar Series

More Benefits •

Government’s restricted rights protects developing technology from disclosure to competitors

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Government’s restricted rights applies to all Phases

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Size standards and affiliation do not apply to Phase III

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No $ limit to Phase III award

2016 US Federal Government Contracting Webinar Series

The Bad •

Government acquires royalty-free irrevocable license rights

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Program framework - policy directives

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Reauthorization

2016 US Federal Government Contracting Webinar Series

The How •

Lock-tight teaming agreements, subcontracting agreements

• Scour SBIR & agency websites – e.g. www.sbir.gov/sbirsearch/solicitation/current www.acq.osd.mil/osbp/sbir/sb/index.shtml www.sbir.defensebusiness.org •

Communicate with topic authors before bids are submitted

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Scrutinize evaluation criteria, address them in proposal

2016 US Federal Government Contracting Webinar Series

SBA’s Proposed Changes • • • • • •

Streamline to one policy directive Allow multiple STTR research institutions 12-year protection period Clarify small business’ data rights, conform DoD and civilian contract rules Clarify Phase III preference for Phase I and II awardees – sole source Clarify protection of prototypes against disclosures to competitors

2016 US Federal Government Contracting Webinar Series

CONCLUSIONS

2016 US Federal Government Contracting Webinar Series

CONCLUSIONS Unique Technology Development Funding •Government funded tech development without equity dilution •Enhanced protection against public disclosures •Emphasis on future commercialization

2016 US Federal Government Contracting Webinar Series

Q&A

CONTACT DETAILS

Ms. Jennifer L. Schaus Washington DC +1-202–365–0598 jschaus@jenniferschaus.com www.JenniferSchaus.com -----------------------------Mr. Mark A. Amadeo Washington, DC (202) 640-2090 mamadeo@amadeolaw.com www.amadeolaw.com

2016 US Federal Government Contracting Webinar Series CALENDAR OF EVENTS: (All Webinars are at 12pm EST & Recorded) JUNE 1 - Maximizing The Value of Your GovCon Business https://attendee.gotowebinar.com/register/74156936435694851

JUNE 2 - Capture Planning - To Bid Or Not To Bid https://attendee.gotowebinar.com/register/7051206926535220483

JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable https://attendee.gotowebinar.com/register/7352313683359938307

JUNE 6 - Teaming With Tribally Owned 8(a) Businesses https://attendee.gotowebinar.com/register/4324839202604449539

JUNE 7 - Color Reviews For Successful Proposals https://attendee.gotowebinar.com/register/3973323136181419267

JUNE 8 - Preparing The FSO for a DSS Audit https://attendee.gotowebinar.com/register/423786240906737667

JUNE 9 - Life After 8(a) - Best Practices & Case Study https://attendee.gotowebinar.com/register/6473232146721067779

JUNE 10 - The Politics Of Procurement https://attendee.gotowebinar.com/register/3924758807094447107

JUNE 13 - Contract Administration - Best Practices https://attendee.gotowebinar.com/register/2132047978959217667

JUNE 14 - So You Have A Facility Clearance, Now What? https://attendee.gotowebinar.com/register/9028972158695833091

JUNE 15 - Unsolicited Proposals - Why, What & How. https://attendee.gotowebinar.com/register/4729436391901262849

JUNE 17 - SBIR's - The Good, The Bad & The "How" https://attendee.gotowebinar.com/register/6337198369128857857