2. SBIR’s - The Good, The Bad & The How
US Federal Government Contracting
Webinar Series
Presented By:
Mark Amadeo
JUNE 17, 2016

3. (All Webinars are at 12pm EST & Recorded)
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  
JUNE 2 - Capture Planning - To Bid Or Not To Bid  
JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable  
JUNE 6 - Teaming With Tribally Owned 8(a) Businesses
JUNE 7 - Color Reviews For Successful Proposals  
JUNE 8 - Preparing The FSO for a DSS Audit  
JUNE 9 - Life After 8(a) - Best Practices & Case Study  
JUNE 10 - The Politics Of Procurement   
 JUNE 13 - Contract Administration - Best Practices  
JUNE 14 - So You Have A Facility Clearance, Now What?  
JUNE 15 - Unsolicited Proposals - Why, What & How.
JUNE 17 - SBIR's - The Good, The Bad & The "How"

4. 2016 US Federal Government Contracting Webinar Series
AGENDA

5. 2016 US Federal Government Contracting Webinar Series
AGENDA:
Introduction – HOST
Introduction - GUEST
Presentation
Conclusions
Q & A

6. 2016 US Federal Government Contracting Webinar Series
INTRODUCTION
Host

7. 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

8. Jennifer Schaus & Associates
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

9. 2016 US Federal Government Contracting Webinar Series
INTRODUCTION
Mark A. Amadeo

10. 2016 US Federal Government Contracting Webinar Series
Mark A. Amadeo
ABOUT OUR SPEAKER
Over 20 years of experience as government counsel & law firm counsel
Before starting boutique law firm, was a partner at DC law firm
LL.M. Georgetown University Law Center; J.D. University of Wisconsin Law School; B.A. Boston College
Member of several business, government contracting & technology groups in DC, Maryland & Virginia

11. 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
Pre & Post Award Teaming: JV’s & Subcontracts
Technology: IP preservation & commercialization

12. SBIR’s – The Good, The Bad & The How
2016 US Federal Government Contracting Webinar Series
PRESENTATION
SBIR’s – The Good, The Bad & The How

13. 2016 US Federal Government Contracting Webinar Series
SBIR & STTR Awards
Awards Obligations
$2.4B
$2.5B
$2.3B
$2.4B

14. 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

15. 2016 US Federal Government Contracting Webinar Series
Three Phases
Phase I
Scientific, Technical Merit & Feasibility
Phase II Full development work
Phase III
Commercial application

16. Phase I & Phase II Eligibility
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

17. SBIR & STTR Affiliation Rules
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

18. 2016 US Federal Government Contracting Webinar Series
The Good
Government tech seed money
High risk funding when few alternatives
No equity obligation
Government’s more restricted rights in government-funded technical data and software

19. More Restricted Rights In Government Funded 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

20. More Restricted Rights In Government Funded Data and Software
2016 US Federal Government Contracting Webinar Series
More Restricted Rights In
Government Funded Data and Software
Protection Period
Civilian – four years after delivery
DoD – five years after contract completion

21. More Restricted Rights In Government Funded Data and Software
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

22. 2016 US Federal Government Contracting Webinar Series
More Benefits
Government’s restricted rights protects developing technology from disclosure to competitors
Government’s restricted rights applies to all Phases
Size standards and affiliation do not apply to Phase III
No $ limit to Phase III award

23. 2016 US Federal Government Contracting Webinar Series
The Bad
Government acquires royalty-free irrevocable license rights
Program framework - policy directives
Reauthorization

24. 2016 US Federal Government Contracting Webinar Series
The How
Lock-tight teaming agreements, subcontracting agreements
Scour SBIR & agency websites – e.g.
Communicate with topic authors before bids are submitted
Scrutinize evaluation criteria, address them in proposal

25. SBA’s Proposed Changes
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

26. 2016 US Federal Government Contracting Webinar Series
CONCLUSIONS

27. Unique Technology Development Funding
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

28. 2016 US Federal Government Contracting Webinar Series
Q & A

29. ------------------------------
CONTACT DETAILS
Ms. Jennifer L. Schaus
Washington DC
– –
Mr. Mark A. Amadeo
Washington, DC
(202)

30. (All Webinars are at 12pm EST & Recorded)
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  
JUNE 2 - Capture Planning - To Bid Or Not To Bid  
JUNE 3 - Teaming Agreements - The Good, The Bad & The Enforceable  
JUNE 6 - Teaming With Tribally Owned 8(a) Businesses
JUNE 7 - Color Reviews For Successful Proposals  
JUNE 8 - Preparing The FSO for a DSS Audit  
JUNE 9 - Life After 8(a) - Best Practices & Case Study  
JUNE 10 - The Politics Of Procurement   
 JUNE 13 - Contract Administration - Best Practices  
JUNE 14 - So You Have A Facility Clearance, Now What?  
JUNE 15 - Unsolicited Proposals - Why, What & How.
JUNE 17 - SBIR's - The Good, The Bad & The "How"