Musings at the intersection of business and life

When small doesn't mean small

Business Savvy
July 17, 2012 by Kathleen Allen

Many entrepreneurs breathed a sign of relief when Congress reauthorized the Small Business Innovation Research program for five years.  If only it were that simple.  One of the most important waysthat small businesses get money to develop their new technologies is through the SBIR grant program (Small Business Innovation Research).  “S” does stand for small in this case.  But apparently the SMALL Business Administration, which considers a small company anything under 500 employees, is proposing new rules that seem to violate the intent of the law producing unintended consequences (how often have we seen that recently).

Historically, the SBIR program, which provides over $2.2 billion in research dollars through 11 agencies, is charged with setting aside two percent of that amount specifically for small businesses (remember that’s small as in <500 employees).  Under the current rules, a company that applies for a grant must be majority-owned by an American citizen, a permanent resident, or an American company. The new rules create a new type of company called a “domestic business concern.”  What this means is that the company must be organized and operate, for the most part, in the U.S. but can have majority ownership in the hands of non-American citizens.  Isn’t that great?  Now American technology entrepreneurs will be competing with the rest of the world for American tax dollars for research.  What’s wrong with this picture?

Well, for one thing, as Jere Glover, executive director of the Small Business Technology Council, stated in the New York Times, “Within 30 days of enactment, there will be articles telling big businesses and foreign companies how to get around the rules.”  Picture this scenario.  A majority foreign-owned startup sets up in the U.S., applies and wins an SBIR grant, develops its technology and then returns to its country of origin to manufacture the product, creating all those jobs somewhere else. Oops!
 
Another possibility under the proposed rules: a big company minority stakeholder (25%) in one of these SBIR funded startups could manage to seize control of the company’s board and bingo!  Now you have a large company being the recipient of a valuable SBIR grant targeted at small companies. 
 
Bottom line, if these rules survive, small businesses (and here I mean really small – startups) will find themselves competing with large domestic and foreign firms for those precious development dollars.  So much for encouraging entrepreneurship.  If you’re interested in seeing a readable version of the new rules, you can find it here.  Let’s hope enough representatives of small businesses commented on these rules (the deadline was yesterday) that the SBA will reconsider.  One can always hope…
 
 

Related tags: SBA, SBIR, small business

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