Follow Schoolcraft College's Business Development Center
on Linked-In
Schoolcraft College's Business Development Center recently created a Linked-In group to keep clients and partners abreast of the activities in our department. As you know the BDC hosts the Michigan Small Business and Technology Development Center (MI-SBTDC), Procurement Technical Assistance Center (PTAC) and Contracted Training to provide a full line of services to assist and grow businesses in our community. We recognize that technology is continuously changing so we strive to keep our stakeholders informed in the most effective ways. With this in mind, we ask you to find us on Linked-In and follow us. Go to: http://www.linkedin.com Choose "Search Groups" Type "Schoolcraft College Business Development Center" Click "Join this group" Similar to our BDC Newsletter, by joining our group you will learn about our upcoming events, hot topics related to small business issues and other important news. |
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American Recovery and Reinvestment Act of 2009 Provides Energy Incentives for Businesses
The American Recovery and Reinvestment Act of 2009 (ARRA) provides a number of energy tax incentives for both small and large businesses. Businesses and individuals who take advantage of these energy-saving steps this year may see bigger tax savings next year.
Here are some of the major provisions that apply:
1. Extension of Renewable Energy Production Tax Credit: This law extends the "eligibility dates" of a tax credit for business facilities that use wind, closed-loop biomass, open-loop biomass, geothermal energy, municipal solid waste, qualified hydropower and marine and hydrokinetic renewable energy. The "placed in service date" is now Dec. 31, 2012, for wind facilities and Dec. 31, 2013, for the other facilities.
2. Election of Investment Credit in Lieu of Production Credit: Businesses that operate facilities that produce electricity from wind and some other renewable resources after Dec. 31, 2008 can now choose either the energy investment tax credit or the production tax credit.
3. Repeal of Certain Limits on Business Credits for Renewable Energy Property: ARRA repeals the $4,000 limit on the 30 percent tax credit for small wind energy property and the limitation on property financed by subsidized energy financing for property placed in service after Dec. 31, 2008.
4. Coordination with Renewable Energy Grants: Business taxpayers can apply for a grant in lieu of claiming either the energy investment tax credit or the renewable energy production tax credit for property placed in service in 2009 or 2010.
5. Temporary Increase in Credit for Alternative Fuel Vehicle Refueling Property: Qualified property placed in service in 2009 and 2010 is now eligible for a 50 percent credit, and the per-business location limit increases to $50,000. Property relating to hydrogen remains at the 30 percent rate, but the per-business location limit rises to $200,000.
In addition, there are several other energy credits available that small businesses should be aware of, such as:
6. Residential Energy Property Credit: The new law increases the energy tax credit for homeowners who make energy efficient improvements to their existing homes. The new law increases the credit rate to 30 percent of the cost of all qualifying improvements and raises the maximum credit limit to $1,500 for improvements placed in service in 2009 and 2010.The credit applies to improvements such as adding insulation, energy efficient exterior windows and energy-efficient heating and air conditioning systems.
7. Plug-in Electric Drive Vehicle Credit: The new law modifies the credit for qualified plug-in electric drive vehicles purchased after Dec. 31, 2009.
8. Plug-In Electric Vehicle Credit: The new law also creates a special tax credit for two types of plug-in vehicles - certain low-speed electric vehicles and two- or three-wheeled vehicles.
More information on these business energy tax incentives are available on IRS.gov at http://www.irs.gov/newsroom/article/0,,id=209564,00.html.
To keep up with ARRA and other IRS tax news, subscribe to e-News for Small Businesses at http://www.irs.gov/businesses/small/article/0,,id=154825,00.html or type in "e-News for Small Businesses " in the search box on IRS.gov and enter. |
Future Combat System (FCS) Program Transitions to Army Brigade Combat Team Modernization
Press Release sent out by the Department of Defense
June 23, 2009
The Under Secretary of Defense for Acquisition, Technology and Logistics issued an acquisition decision memorandum (ADM) today that implements decisions regarding the Future Combat Systems Brigade Combat Team (FCS BCT) program announced by Secretary Robert M. Gates in April. FCS is the Army's largest modernization program.
In making decisions for the fiscal 2010 FY10 Gates expressed a specific concern that the portion of the FCS program to field new manned combat vehicles did not adequately reflect the lessons of counterinsurgency and close quarters combat in Iraq and Afghanistan. He was further troubled by the terms of the current single contract covering the whole FCS effort. The restructuring ordered today addresses these issues.
The ADM released today cancels the Future Combat Systems Brigade Combat Team (FCS BCT) program and in its place directs the Army to transition to a modernization plan consisting of a number of separate but integrated acquisition programs to meet the secretary's objectives. Those integrated programs include one to spin out the initial increment of the FCS program to seven infantry brigades in the near term and additional programs for information and communications networks, umanned ground and air vehicles and sensors, and an integration effort aimed at follow-on spinouts to all Army brigades. The ADM also terminates the manned ground vehicl e portion of the previous FCS program and directs an assessment with the Marine Corps of joint capability gaps for ground combat vehicles. The assessment will inform new requirements for Army ground combat vehicle modernization, leading to the launch of a new acquisition program in 2010.
The termination of the Manned Ground Vehicles portion of the FCS program will negatively impact the Army's ability to develop the Non-Line-of-Sight Cannon (NLOS-C) independent of the FCS development timeline as required by the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009. The department is working closely with the Congress to determine the appropriate path forward for the NLOS-C.
The ADM directs the Army to identify the most efficient means to end the manned ground vehicle development effort with the least cost to the taxpayer and to use work already completed in any follow-on ground combat vehicle developmental programs.
The Army's Training and Doctrine Command (TRADOC) has established a task force to examine critical issues in Army-wide modernization. This modernization task force will lead a comprehensive review of force designs, the BCT modernization plan, network integrated architectures, and ground combat vehicle operational requirements.
"The BCT modernization strategy will yield a versatile mix of BCTs that will leverage mobility, protection, information, and precision fires to conduct effective operations across the spectrum of conflict," said Lt. Gen. Michael Vane, director, Army Capabilities Integration Center, TRADOC.
For more information on the Army issues, contact Lt. Col. Martin Downie, Office of the Chief of Public Affairs Army, at (703) 697-7591.
For question on the ADM, please call Cheryl Irwin at OSD-PA at (703) 697-5131, U.S. Department of Defense, Office of the Assistant Secretary of Defense (Public Affairs). |
Notice of Fraudulent requests to CCR Users
To all registered Central Contractor Registration (CCR) users:
CCR support personnel have received multiple notices from CCR users who have received emails or faxes from the Department of Transportation asking for their user ID and password or DUNS and TPIN. These messages are fraudulent and are considered a form of spam known as phishing. Do not take any action or acknowledge them in any way. IMPORTANT: Never divulge your password or TPIN to anyone including CCR personnel. CCR support will never ask for this information, even when assisting with registrations or performing password resets.
This message has been sent to increase awareness and to protect the security of our users and their information. As this notice is being sent to only one contact per CCR registration, please notify all others who maintain your CCR Registration for your organization. Thank you.CCRSupport An example of a recent DOT Request for "verification" can be viewed at: http://www.ccr.gov/doc/DoT_Letter_Example_2009_06_29.pdf |
Disclosing the Best Practices for Nondisclosure Agreements
Contractors enter into nondisclosure agreements ("NDA") when it is necessary to disclose confidential or proprietary information to a third party with whom it is conducting business or considering conducting business. Contractors should enter into an NDA prior to disclosing any of its confidential or proprietary information or a third party's confidential or proprietary information in its possession. Making it a practice to include a few essential elements in any NDA will ensure the protection of confidential and proprietary data and intellectual property.
Purpose and Scope
Define the purpose for the exchange of the confidential information. Is information being disclosed for research and development? To determine if you want to enter a teaming agreement? Clearly setting out the purpose behind the disclosure of information enables you to protect the information because the recipient may only use the confidential information for the purpose articulated in the agreement. The disclosing party should explain how they intend the recipient to use the information and define the universe of individuals that may receive the information (e.g., the other party's employees or authorized representatives or a subset thereof). Limit the access of the confidential information to individuals that need to know the information to perform the purpose of the agreement. The recipient should be held to a reasonable standard of care with respect to protecting the confidential information.
Define and Mark Confidential Documents
Not all information exchanged is confidential and proprietary. Too broadly defining the information covered by the agreement makes it onerous to comply with it. Contractors should clearly define what is confidential information. Further, the NDA should provide explicit marking requirements so that the recipient of the confidential information knows that it is in possession of such information and takes the requisite steps to protect it.
Note that information exchanged orally or observed can be treated as confidential information and subject to the NDA's requirements. Simply include a requirement in the NDA that requires the disclosing party to give notice in writing within a few days certain after the oral exchange or visual observance of the information.
Neither party wants it obligations to go on indefinitely. The NDA should provide the period of time that the obligations last. The NDA should also provide a mechanism to either have the confidential information returned upon termination of the agreement or get assurances that the other party has destroyed the copies of the confidential information.
Protecting Intellectual Property
The NDA needs to be absolutely clear that it is protecting confidentiality, not granting or reallocating intellectual property rights. An NDA is not an appropriate document for conveying IP rights. The NDA should include an affirmative statement that no IP rights are being transferred under the agreement.
The NDA should set forth the instances in which the NDA does not apply For example, if the receiving party must disclose the information pursuant to a subpoena or court order, the party is not in breach for disclosing the information. The NDA should, however, include a notice requirement so that the owner of the information has the opportunity to contest such disclosure. In addition, the NDA should provide that a party is not in breach of the agreement if 1) it discloses information that was publicly available, 2) the information was already in its possession, 3) the information was independently developed or 4) the information was provided by a third party.
In sum, entering NDAs is a great way for contractors to get the comfort they need in advance of sharing any of its confidential or proprietary information with a third party. NDAs that provide for mutual protection of both parties' information are fair and also promote a good working relationship with a potential business partner from the outset. Once an NDA process is in place, it is important to institute some common sense business practices such as developing clear guidance as to who has the authority to enter into an NDA, centrally filing NDAs so anyone needing to know its terms can do so easily, and training your people on the importance of understanding the limitations on the use of third party confidential information to avoid later challenges that you have breached the terms of the NDA. Adhering to these best practices will protect a contractor whether they are the discloser or recipient of the confidential information.
George W. Ash and Brandi F. Walkowiak are members of the law firm of Foley & Lardner LLP in Detroit, where they specialize in government procurement issues. They may be reached at (313) 234-7100.
Note: This update provides information of general interest presented in summary form, and does not constitute individual legal advice. |
The Realities of Stimulus Checks and Grants
Over the last few months, radio shows, television and online news sources have been flooded with stories about stimulus money available as a result of The American Reinvestment and Recovery Act of 2009. Unfortunately, much of the information we hear is either inaccurate or unclear, causing confusion regarding who is eligible for funding and how to obtain it. A question we frequently hear from clients is regarding the availability of grants for starting a business. Unfortunately, the reality is there are very few grants available for entrepreneurs starting a business. In fact, the few grants available for start-up businesses or growing businesses are for very specialized industries, typically in the technology arena. For example, Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) grants are available to small businesses which are looking for funds to assist in developing technology which will eventually be sold to the government as well as the commercial industry. Details about the SBIR and STTR federal programs may be found at http://www.sbir.gov. The Michigan Economic Development Corporation (MEDC) also highlights similar program details on their web site at: http://www.michiganadvantage.org/Recovery/Opportunities/Default.aspx. Again, you will notice these opportunities are very specific and technology-focused. All other grant opportunities available through federal agencies may be found at: http://www.grants.gov.
The Recovery Act has also provided added opportunities to businesses by injecting funds into existing programs. For example, the Act has provided assistance to Small Business Administration's (SBA) programs to help free up capital for loans. Details regarding how the Recovery Act contributes to SBA's programs are detailed at: http://www.sba.gov/recovery/.
As the days and weeks continue to pass, additional information will become available regarding programs such as those already mentioned in this article. Businesses and entrepreneurs will find the websites already mentioned, as well as those listed below, very helpful in keeping up to date on what may be applicable to their situation:
· The American Reinvestment and Recovery Act web site: http://www.recovery.gov.
· Funding Opportunities on the Recovery Act web site:
http://www.michigan.gov/recovery.
Article by Tammy M. Thomson | |
