TechCrunch
TechCrunch
First, as a bit of background: SBIR is a large network of programs, spread across a dozen federal agencies and the military, established some 40 years ago as a way to help out any American with a great idea but little access to capital.
Over time it has grown to impressive proportions, with a total award budget in 2019 of nearly $3.3 billion. To be clear, this is money intended to be essentially given away to qualified recipients, and not as license fees, or orders, or equity; these cash awards, which range from hundreds of thousands to over a million dollars, come with remarkably few strings attached.
That said, it’s not as if you just reach into the SBIR cookie jar and pull out a million bucks. As with anything involving the federal government, there’s a process — and not a short or simple one. There are extensive official tutorials for later, but this article (informed by tips from officials in the program) should help get you up and running.
It should be noted that this is not the only tech-related government grant program by a long shot, but it is the largest, broadest and arguably the most accessible to small business entrepreneurs and inventors like you — or it will be once you read this guide. Just be ready to put in a little work.
Step 1: Check yourself
The first thing you should know is that the SBIR program operates with a specific (though not uncommon) type of entrepreneur in mind: Someone who needs money to develop and commercialize a new technology or intellectual property, but isn’t yet at the stage where they can attract traditional investment, and the risk or cost is too high for an ordinary loan.
SBIR awards (some agencies offer “grants,” others “contracts,” but you can just say “awards”) are basically cash to bring something from idea to commercialization. They are not for footing manufacturing down payments, repaying earlier loans or other miscellaneous operating costs.
If your company or invention needs help to cover R&D to get from experiment to working prototype, or prototype to commercialization, you might be a good fit. It doesn’t matter whether it’s software or hardware, your first product or your tenth — just as long as you’re a self-owned, U.S.-based small business and you’re building a new technology that needs some cash to get started.
A second, lesser-known benefit of the program is that if you get selected, your company is eligible to skip the line for some government procurement processes that would otherwise require competitive offers. If you picture the U.S. government as a potential client down the road, this benefit alone may be worth the toil.
The program is generally divided into phases, which you’ll probably want to do in order.
Phase I is for people demonstrating proof of concept — anywhere on the line from whiteboard to prototype. Awards range from tens of thousands to over $200,000, over a period of six to 12 months, depending on what is warranted for the specific development costs.
Phase II is for those doing deeper R&D on a proven concept and may be more than a million dollars over a two-year period; as you can see, this is a long-term play, not a quick cash grab.
Phase III is where a project may transition to actual paid contracts and purchases — but you can worry about that when you get there.
In other words, while the money has few catches once you get it, the program isn’t a free-for-all. If it sounds like a match and you’re willing to do a little legwork, proceed.
Step 2: Figure out where to apply
Here’s where it starts getting complicated. There isn’t actually just one SBIR program, there are a dozen, spread across as many federal agencies, from Defense and Energy to NASA and NOAA. Each has its own budget and application process — making this already complex enough that many a grant-seeker has bounced right off it (or closed this tab). But don’t worry, it’s not as bad as it sounds. You’ve got three things going for you.
First, not every technology or business is a fit for every agency.
This is actually a good thing. Think about who the “customer” is for your technology: Your rocket engine isn’t going to be of much use to Health and Human Services; a collision avoidance system for a drone might be good for the Defense Department, but it also might be helpful to the Department of Energy in a different way. What specifically does your tech enable, and why would it be helpful to the work of specifically one agency? That should help narrow it down considerably — but don’t be afraid to think outside the box a little. You might be surprised what some of these departments get up to.
Second, each agency has specific things it’s looking for, both right now and perennially.
This means there’s not much in the way of guesswork. These numerous and various “solicitations” range from general areas of interest to highly detailed requests, are listed publicly (see the links below) and can usually be searched through or sorted by topic. Once you’ve decided that your tech might be useful to either the EPA or NOAA, for example, look through their solicitations — they’re updated regularly, though the schedule differs by agency — and see if one is already asking for what you’re offering or uses similar keywords. You can and should also search through previous years to see if they’ve requested something like your tech in the past.
Third, there are people whose job it is to help businesses through this process.
Procurement Technical Assistance Centers, or PTACs, exist in every state, as well as D.C., Guam and Puerto Rico. These are staffed with people whose job it is to help small businesses navigate the complexities of government grant programs. You can find your local office by selecting it from the list here.
PTACs are more focused on contracts, however, and for these awards you may want to look up your local Small Business Development Center instead. These SBA-funded organizations are also here to help, and there are several in and around most cities (select them in the drop-down menu here and hit search).
Though each program has its own requirements and solicitations, they’re all public. Here are the agencies with active SBIR programs, starting with the largest, with links to their starting pages for SBIR applicants. The second link is to their solicitations page (though it may use different terminology), which should list or itself link to current topics of interest.
Current solicitations are also centrally listed here in a different format. Please note that these addresses may at any time be rendered obsolete, as the government has no standard format for these programs or websites. Even the promotional materials I was given directly by SBIR officials were already out of date. But a little hunting around should get you to the right place. (And feel free to tell us in the comments if something seems off.)
Some of the programs are more similar than others, but there are a couple of notable exceptions. The NSF, for instance, has more open-ended solicitations for basic research rather than development. But NASA and Defense are definitely the most complicated.
NASA’s SBIR program is divided up among its various research centers — Ames, Goddard, etc. — each of which specializes in different technologies. While the specifics are too many and various to list here, a good way to get started is to look at a list of recent awards for similar or related technologies to your own, and find which center is the lead for it — for example robotic sampling is led by JPL, but small satellite propulsion is at Glenn. Then you can reach out to the SBIR contact for that center.
NASA also has a particularly robust Phase II program, with extended and expanded options for space-based work that necessarily takes longer or costs more money.
Defense has numerous grant programs under several umbrellas, including each branch of the military. To be honest, it’s kind of a mess, but they are working to simplify and accelerate the process. The actual DoD SBIR program, however, overlaps the most with the others and as such should be considered alongside them. You may want to rely on your PTAC or SBA representative to point the way.
Others will have their own idiosyncrasies, but getting started looks similar for all of them.
Step 3: Paperwork
Once you’ve decided to apply, you’ll want to register at SBIR.gov first thing — you have to get in the system in the first place to be eligible for participation in the process.
The SBIR officials I spoke to emphasized that while understanding the program and finding the right agency or agencies to submit to are important steps, it all falls down if you phone in the actual application — something they’ve seen over and over, apparently.
The applications differ agency to agency, and different topics demand different information, naturally. But in all of them you should be ready to articulate at least the following:
- Detailed but concise explanation of the technology you’re developing
- Company budget, financials and investors
- Commercial applications and plan to achieve them
Although the applications may only be 10 or so pages long, companies should budget at least 80 full-time hours to complete them. For companies with little experience with this sort of thing, hiring a professional grant writer is a perfectly valid option, but by no means required. This is also something that PTACs and SBDCs can help with.
It’s important, officials said, not to focus just on selling the technology or science itself — you must also show that there is a viable path forward for the team and company that the government’s funding will enable. They may not want much in return, but they’d like some assurance that they’re not throwing money down a well.
There is nothing stopping you from applying to multiple programs, though be aware that you probably won’t be able to copy-paste your application from one to the other. You can also apply year after year or quarter after quarter if you like, or to multiple solicitations within the same agency. It’s not uncommon for a company to be accepted only after multiple attempts.
Lastly, if you have any questions about any of this, find and contact the SBIR representative for the agency you’re applying to. These folks are there to liaise and connect you with the right resources, so don’t hesitate to reach out. Just don’t try to pitch them directly — it won’t work.
As you can see, applying to SBIR is not a simple process, but if you know the basic steps and resources, you can frontload the hard work while your project is still at an early stage. And while it may sound like a lot of winnowing is being done, recall that there really is a ton of money going into these programs and the whole point is to support American small businesses. That’s you!
]]>
TechCrunch
TechCrunch
First, as a bit of background: SBIR is a large network of programs, spread across a dozen federal agencies and the military, established some 40 years ago as a way to help out any American with a great idea but little access to capital.
Over time it has grown to impressive proportions, with a total award budget in 2019 of nearly $3.3 billion. To be clear, this is money intended to be essentially given away to qualified recipients, and not as license fees, or orders, or equity; these cash awards, which range from hundreds of thousands to over a million dollars, come with remarkably few strings attached.
That said, it’s not as if you just reach into the SBIR cookie jar and pull out a million bucks. As with anything involving the federal government, there’s a process — and not a short or simple one. There are extensive official tutorials for later, but this article (informed by tips from officials in the program) should help get you up and running.
It should be noted that this is not the only tech-related government grant program by a long shot, but it is the largest, broadest and arguably the most accessible to small business entrepreneurs and inventors like you — or it will be once you read this guide. Just be ready to put in a little work.
Step 1: Check yourself
The first thing you should know is that the SBIR program operates with a specific (though not uncommon) type of entrepreneur in mind: Someone who needs money to develop and commercialize a new technology or intellectual property, but isn’t yet at the stage where they can attract traditional investment, and the risk or cost is too high for an ordinary loan.
SBIR awards (some agencies offer “grants,” others “contracts,” but you can just say “awards”) are basically cash to bring something from idea to commercialization. They are not for footing manufacturing down payments, repaying earlier loans or other miscellaneous operating costs.
If your company or invention needs help to cover R&D to get from experiment to working prototype, or prototype to commercialization, you might be a good fit. It doesn’t matter whether it’s software or hardware, your first product or your tenth — just as long as you’re a self-owned, U.S.-based small business and you’re building a new technology that needs some cash to get started.
A second, lesser-known benefit of the program is that if you get selected, your company is eligible to skip the line for some government procurement processes that would otherwise require competitive offers. If you picture the U.S. government as a potential client down the road, this benefit alone may be worth the toil.
The program is generally divided into phases, which you’ll probably want to do in order.
Phase I is for people demonstrating proof of concept — anywhere on the line from whiteboard to prototype. Awards range from tens of thousands to over $200,000, over a period of six to 12 months, depending on what is warranted for the specific development costs.
Phase II is for those doing deeper R&D on a proven concept and may be more than a million dollars over a two-year period; as you can see, this is a long-term play, not a quick cash grab.
Phase III is where a project may transition to actual paid contracts and purchases — but you can worry about that when you get there.
In other words, while the money has few catches once you get it, the program isn’t a free-for-all. If it sounds like a match and you’re willing to do a little legwork, proceed.
Step 2: Figure out where to apply
Here’s where it starts getting complicated. There isn’t actually just one SBIR program, there are a dozen, spread across as many federal agencies, from Defense and Energy to NASA and NOAA. Each has its own budget and application process — making this already complex enough that many a grant-seeker has bounced right off it (or closed this tab). But don’t worry, it’s not as bad as it sounds. You’ve got three things going for you.
First, not every technology or business is a fit for every agency.
This is actually a good thing. Think about who the “customer” is for your technology: Your rocket engine isn’t going to be of much use to Health and Human Services; a collision avoidance system for a drone might be good for the Defense Department, but it also might be helpful to the Department of Energy in a different way. What specifically does your tech enable, and why would it be helpful to the work of specifically one agency? That should help narrow it down considerably — but don’t be afraid to think outside the box a little. You might be surprised what some of these departments get up to.
Second, each agency has specific things it’s looking for, both right now and perennially.
This means there’s not much in the way of guesswork. These numerous and various “solicitations” range from general areas of interest to highly detailed requests, are listed publicly (see the links below) and can usually be searched through or sorted by topic. Once you’ve decided that your tech might be useful to either the EPA or NOAA, for example, look through their solicitations — they’re updated regularly, though the schedule differs by agency — and see if one is already asking for what you’re offering or uses similar keywords. You can and should also search through previous years to see if they’ve requested something like your tech in the past.
Third, there are people whose job it is to help businesses through this process.
Procurement Technical Assistance Centers, or PTACs, exist in every state, as well as D.C., Guam and Puerto Rico. These are staffed with people whose job it is to help small businesses navigate the complexities of government grant programs. You can find your local office by selecting it from the list here.
PTACs are more focused on contracts, however, and for these awards you may want to look up your local Small Business Development Center instead. These SBA-funded organizations are also here to help, and there are several in and around most cities (select them in the drop-down menu here and hit search).
Though each program has its own requirements and solicitations, they’re all public. Here are the agencies with active SBIR programs, starting with the largest, with links to their starting pages for SBIR applicants. The second link is to their solicitations page (though it may use different terminology), which should list or itself link to current topics of interest.
Current solicitations are also centrally listed here in a different format. Please note that these addresses may at any time be rendered obsolete, as the government has no standard format for these programs or websites. Even the promotional materials I was given directly by SBIR officials were already out of date. But a little hunting around should get you to the right place. (And feel free to tell us in the comments if something seems off.)
Some of the programs are more similar than others, but there are a couple of notable exceptions. The NSF, for instance, has more open-ended solicitations for basic research rather than development. But NASA and Defense are definitely the most complicated.
NASA’s SBIR program is divided up among its various research centers — Ames, Goddard, etc. — each of which specializes in different technologies. While the specifics are too many and various to list here, a good way to get started is to look at a list of recent awards for similar or related technologies to your own, and find which center is the lead for it — for example robotic sampling is led by JPL, but small satellite propulsion is at Glenn. Then you can reach out to the SBIR contact for that center.
NASA also has a particularly robust Phase II program, with extended and expanded options for space-based work that necessarily takes longer or costs more money.
Defense has numerous grant programs under several umbrellas, including each branch of the military. To be honest, it’s kind of a mess, but they are working to simplify and accelerate the process. The actual DoD SBIR program, however, overlaps the most with the others and as such should be considered alongside them. You may want to rely on your PTAC or SBA representative to point the way.
Others will have their own idiosyncrasies, but getting started looks similar for all of them.
Step 3: Paperwork
Once you’ve decided to apply, you’ll want to register at SBIR.gov first thing — you have to get in the system in the first place to be eligible for participation in the process.
The SBIR officials I spoke to emphasized that while understanding the program and finding the right agency or agencies to submit to are important steps, it all falls down if you phone in the actual application — something they’ve seen over and over, apparently.
The applications differ agency to agency, and different topics demand different information, naturally. But in all of them you should be ready to articulate at least the following:
- Detailed but concise explanation of the technology you’re developing
- Company budget, financials and investors
- Commercial applications and plan to achieve them
Although the applications may only be 10 or so pages long, companies should budget at least 80 full-time hours to complete them. For companies with little experience with this sort of thing, hiring a professional grant writer is a perfectly valid option, but by no means required. This is also something that PTACs and SBDCs can help with.
It’s important, officials said, not to focus just on selling the technology or science itself — you must also show that there is a viable path forward for the team and company that the government’s funding will enable. They may not want much in return, but they’d like some assurance that they’re not throwing money down a well.
There is nothing stopping you from applying to multiple programs, though be aware that you probably won’t be able to copy-paste your application from one to the other. You can also apply year after year or quarter after quarter if you like, or to multiple solicitations within the same agency. It’s not uncommon for a company to be accepted only after multiple attempts.
Lastly, if you have any questions about any of this, find and contact the SBIR representative for the agency you’re applying to. These folks are there to liaise and connect you with the right resources, so don’t hesitate to reach out. Just don’t try to pitch them directly — it won’t work.
As you can see, applying to SBIR is not a simple process, but if you know the basic steps and resources, you can frontload the hard work while your project is still at an early stage. And while it may sound like a lot of winnowing is being done, recall that there really is a ton of money going into these programs and the whole point is to support American small businesses. That’s you!
]]>
TechCrunch
TechCrunch
In the hearing, Schulman expressed how hard it is to determine the impact of a preliminary injunction in this case. For example, how Uber and Lyft would comply with the injunction is unknown, as are the economic effects on drivers, such as their ability to earn income, the hours they would be able to work and their eligibility for state benefits, Schulman said.
“I feel a little bit like I’m being asked to jump into a body of water without really knowing how deep it is, how cold the water is and what’s going to happen when I get in,” Schulman said.
Today’s hearing was the result of California Attorney General Xavier Becerra, along with city attorneys from Los Angeles, San Diego and San Francisco, filing a preliminary injunction in an attempt to force Uber and Lyft to comply with AB 5 and immediately stop classifying their drivers as independent contractors.
The new law codifies the 2018 ruling established in Dynamex Operations West, Inc. v Superior Court of Los Angeles. In that case, the court applied the ABC test (more on that a bit later) and decided Dynamex wrongfully classified its workers as independent contractors based on the presumption that “a worker who performs services for a hirer is an employee for purposes of claims for wages and benefits…”
In the hearing today, lawyers on behalf of the people of the state of California, and Uber and Lyft, discussed the classification of workers as independent contractors versus employees, gig worker protections bill AB 5, the definition of a “hiring entity,” unemployment benefits, paid sick leave, workers’ compensation insurance and more.
Uber and Lyft maintained that an injunction would require them to restructure their businesses in such a material way that it would prevent them from being able to employ many drivers on either a full-time or part-time basis. Uber and Lyft’s argument, effectively, is that classifying drivers as employees would result in job loss.
“The proposed injunction would cause irreparable injury to Lyft and Uber, and would actually cause massive harm to drivers and harm to riders,” Rohit Singla, counsel for Lyft, said at the hearing. For example, Lyft estimates it would cost hundreds of millions of dollars simply to process the I-9 forms, which verify employment eligibility. It doesn’t cost anything to file that form, but it would require Uber and Lyft to further invest in their human resources and payroll processes.
Additionally, Singla argued that a preliminary injunction at this stage of the case would be drastic. His argument resonated with the judge.
“It’s not every day that a judge is asked to issue an injunction on a preliminary basis, as he emphasizes, that could potentially affect hundreds of thousands of people. And that’s what we’re dealing with here.”
But the plaintiffs disagreed. That vast number of people affected is a key reason to issue the injunction, Matthew Goldberg, deputy San Francisco city attorney argued. Additionally, Goldberg argued it would be quite feasible for Uber and Lyft to reclassify its drivers.
“It’s very doable,” he said. “[…] Both of these businesses already have very large, white-collar workforces at their corporations. I can assure you that every one of those workers is getting workers’ compensation insurance” and other benefits.
He added, “extending this set of benefits to more workers, administratively, is not as difficult as they allege, given they already do this for thousands of workers.”
Additionally, there are elements of Uber and Lyft-backed Prop 22 (details below) that are similar to what AB 5 requires, so plaintiffs argue there would not be irreparable harm for Uber and Lyft to comply with AB 5. Uber and Lyft, however, disagree.
In Uber’s opening arguments, Uber counsel Theane Evangelis pointed to a number of product changes that should remove “any doubt about the compliance and demonstrate Uber is a technology platform” that operates a multi-sided marketplace she said. For example, Uber began allowing drivers in June to set their own prices.
Still, Judge Schulman pressed on Uber’s ability to satisfy Prong B of the ABC test. According to the ABC test, in order for a hiring entity to legally classify a worker as an independent contractor, it must prove (A) the worker is free from the control and direction of the hiring entity, (B) performs work outside the scope of the entity’s business and (C) is regularly engaged in an “independently established trade, occupation, or business of the same nature as the work performed.”
“If you look at Uber or Lyft, they’re not in the business of maintaining an online app by itself,” Schulman said. “That’s the technology by which they perform. Their business is providing rides to people for compensation. In plain English, that’s what they do? Isn’t it?”
Evangelis quickly replied, “No.” She argued that what Uber and Lyft do is simply connect drivers and riders through their technology platform. She also pointed to the variety of services Uber offers, such as Uber Eats and Freight. Evangelis went on to ask the judge if he would put this on pause until November, when Californians will vote on Prop 22, which is backed by Uber, Lyft and others.
The ballot measure looks to implement an earnings guarantee of at least 120% of minimum wage while on the job, 30 cents per mile for expenses, a healthcare stipend, occupational accident insurance for on-the-job injuries, protection against discrimination and sexual harassment and automobile accident and liability insurance. Most notably, however, it would keep drivers classified as independent contractors.
Judge Schulman, however, seemed flummoxed by the basis of the argument to wait until November to see what voters decide.
“It seems to me that’s not my role,” he said. “And more significantly, it seems to me, if any of us learned anything from the 2016 election, is many of us are unable to predict the outcome of elections…I just wonder about the legitimacy of an argument like that.”
Evangelis closed her time by saying that Uber believes it passes the ABC test today.
The motion for a preliminary junction was filed as part of the suit filed in May, which asserted Uber and Lyft gain an unfair and unlawful competitive advantage by misclassifying workers as independent contractors. The suit argues Uber and Lyft are depriving workers of the right to minimum wage, overtime, access to paid sick leave, disability insurance and unemployment insurance. The lawsuit, filed in the Superior Court of San Francisco, seeks $2,500 in penalties for each violation, possibly per driver, under the California Unfair Competition Law, and another $2,500 for violations against senior citizens or people with disabilities.
Meanwhile, Uber and Lyft are both facing another lawsuit from the office of the California Labor Commissioner alleging wage theft. Filed yesterday in Oakland, the suit similarly aims to enforce the labor practices set forth by AB 5.
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