Understanding the U.S. Regulatory Environment for Business and Intellectual Property Protection: A Road to U.S. Business Success

Government Business

Article | July 14, 2022

Another round of funding from by the Federal Aviation Administration (FAA) will guarantee the launch of numerous projects at airports throughout the U.S. This particular grant program provides smaller funding amounts, but the funding can augment projects that are part of larger initiatives. U.S. Secretary of Transportation Elaine Chao announced in July that more than $273 million in airport safety and infrastructure funding has been approved for 184 airports in 41 states and six territories. Program details can be found here for airport safety and infrastructure grants. The bulk of the funding, just over $242 million, is provided through the FAA’s Airport Improvement Program, while $31 million is a result of the recent Coronavirus Aid, Relief, and Economic Security (CARES) Act. This funding provides a 100 percent federal cost share for airport projects that fall into the category of infrastructure and/or safety. Projects of numerous types are eligible, but recently approved ones range from runway and taxiway construction to lighting improvements and master plan studies. And, most of the projects are slated to launch within the next year. Projections for increased airline travel in 2021 are strong, and pent-up demand will result in even more upcoming airport projects of all types. Florida Plans for a major renovation at Punta Gorda Airport are underway and will be enhanced by a grant allocation of $471,305. The FAA funding will cover the design phase for renovating the airport’s 7,193-foot-long runway. Construction is slated to begin in 2021. Punta Gorda Airport is off the Gulf Coast north of Fort Myers. Boca Raton Airport received a $694,444 federal grant to update its master plan. This upfront work will outline and prioritize airport improvement projects and expansion plans for the next two decades. Recent conversations have focused on new additions related to lighting, signage, taxiway and runway drainage, and other improvements. The 243-acre airport is in southern Palm Beach County. While Tampa International Airport didn’t receive funding in the most recent round of FAA grants, numerous upcoming projects have been announced. The projects are listed in the airport’s 2021 Proposed Budget. Among those is an elevator modernization project projected to cost approximately $7.4 million. It is slated for the airport’s main terminal. Another technology project covered by a fiscal year 2021 capital commodity plan has a cost allocation of $1.5 million, and an airside A&C shuttle car and control system replacement project totaling $13.2 million is anticipated in the near future. Miami International Airport is working on the solicitation for a new hotel with a 30- to 50-year lease agreement. As the nation’s second-busiest airport, officials hope to partner with a group to construct a “world-class” 350-room hotel. The plans call for the new hotel to be connected by a pedestrian bridge to Concourse D. Amenities will include a restaurant, business center, 20,000-square-foot meeting space for events, and a fitness center. California A small airport off Interstate 5 in northern California has been notified that it will receive funding for renovations. The Dunsmuir Municipal-Mott Airport was awarded $3.2 million to perform critical renovations to the runway and reconstructing the taxiway. City officials were pleased to announce that the airport runway, which has been in disrepair for some time, will now be completely refurbished and made safer. Arkansas Engineering and design work is nearing completion for a new $13 million terminal for Texarkana Regional Airport. The facility, which is located along U.S. 67 east of downtown Texarkana, received $3.6 million in FAA grant funding. Construction of the new terminal is just one part of a larger $34 million project for the airport. Missouri Columbia Regional Airport will extend one of its runways with the help of a $9.9 million federal grant. The Columbia City Council in March approved extending Runway 2-20 from 6,500 feet to 7,400 feet in order to be able to accept larger aircraft and also increase takeoff and stopping distances. City officials estimated the total cost of construction at $11 million, and the city has budgeted an additional $1.1 million for the runway extension project. This project will be launched in 2021. Louisiana Although airports in the state of Louisiana did not receive grant funding from the FAA, the Louis Armstrong New Orleans International Airport is working to finalize its master plan and has numerous projects already slated for the near future. Once the plan is completed, interested contractors will be able to find numerous and diverse improvement and expansion projects outlined. The airport is just south of Interstate 10 and Lake Pontchartrain. Oregon Hillsboro Airport has a $2.8 million construction project planned for early 2021. Officials have announced that a contractor will be selected to reconstruct almost the full length of Taxiway A and connect it to several other taxiways. The work will be performed in conjunction with the FAA and Port of Portland Operations. Georgia The city of Atlanta is scheduled to release a request for proposals (RFP) for on-call engineering services at Hartsfield-Jackson International Airport. An engineering firm will be selected to provide ground surveys in support of upcoming work that will be handled by the city aviation planning and development department. Atlanta’s airport held the distinction of being busier than any other airport in the U.S. in 2019. More than 110 million passengers passed through the airport either departing on or arriving back from airline flights. Although these most recent grant awards will not fund huge airport projects, the funding will enable the launch of thousands of smaller contracting opportunities. Mary Scott Nabers is president and CEO of Strategic Partnerships Inc., a business development company specializing in government contracting and procurement consulting throughout the U.S. Her recently released book, Inside the Infrastructure Revolution: A Roadmap for Building America, is a handbook for contractors, investors and the public at large seeking to explore how public-private partnerships or joint ventures can help finance their infrastructure projects.

Article | May 26, 2021

The COVID-19 virus (C19) pandemic is turning out to be the event of the century. Even World War seems timid in comparison. We are in the 4th month of the virus (in non-China countries) and have gone past the lockdown in many places. Isn’t it time we re-think the approach? What if there is another wave of C19 coming soon? What if C19 is the first of many such events in the future? Before we get into analysis and solution design, summarizing the C19 quirks: While a large section of the affected population is asymptomatic, for some it can be lethal There isn’t clarity on all the ways C19 spreads It’s known to affect the lungs, heart, and kidneys in patients with weak immunity It has been hard to identify a definitive pattern of the virus. Some observations in managing the C19 situation are: With no vaccine in sight, the end of this epidemic looks months or years away Health care personnel in hospitals need additional protection to treat patients Lockdowns lead to severe economic hardship and its repeated application can be damaging Quarantining people has an economic cost, especially in the weaker sections of society If one takes a step back to re-think about this, we are primarily solving 2 problems: Minimise deaths: Minimise the death of C19 and non-C19 patients in this period Maximise economic growth: The GDP output/growth should equal or higher than pre-C19 levels One needs to achieve the 2 goals in an environment of rising number of C19 cases. Minimise deaths An approach that can be applied to achieve this is: Data driven health care capacity planning Build a health repository of all the citizens with details like pre-existing diseases, comorbidity, health status, etc. The repository needs to be updated quarterly to account for patient data changes This health repository data is combined with the C19 profile (disease susceptibility) and/or other seasonal diseases to determine the healthcare capacity (medicines, doctors, etc.) needed The healthcare capacity deficit/excess needs to be analysed in categories (beds, equipment, medicine, personnel, etc.) and regions (city, state, etc.) and actions taken accordingly Regular capacity management will ensure patients aren’t deprived of timely treatment. In addition, such planning helps in the equitable distribution of healthcare across regions and optimising health care costs. Healthcare sector is better prepared to scale-up/down their operations Based on the analysis citizens can be informed about their probability of needing hospitalisation on contracting C19. Citizens with a higher health risk on C19 infection should be personally trained on prevention and tips to manage the disease on occurrence The diagram below explains the process Mechanism to increase hospital capacity without cost escalation Due to the nature of C19, health personnel are prone to infection and their safety is a big issue. There is also a shortage of hospitable beds available. Even non-C19 patients aren’t getting the required treatment because health personnel seek it as a risk. This resulted in, healthcare costs going up and availability reducing. To mitigate such issues, hospital layouts may need to be altered (as shown in the diagram below). The altered layout improves hospital capacity and availability of health care personnel. It also reduces the need for the arduous C19 protection procedures. Such procedures reduce the patient treatment capacity and puts a toll on hospital management. Over a period, the number of recovered C19 persons are going to increase significantly. We need to start tapping into their services to reduce the burden on the system. The hospitals need to be divided into 3 zones. The hospital zoning illustration shown below explains how this could be done. In the diagram, patients are shown in green and health care personnel are in light red. **Assumption: Infected and recovered C19 patients are immune to the disease. This is not clearly established Better enforcement of social factors The other reason for high number of infections in countries like India is a glaring disregard in following C19 rules in public places and the laxity in enforcement. Enforcement covers 2 parts, tracking incidents of violation and penalising the behaviour. Government should use modern mechanisms like crowd sourcing to track incidents and ride on the growing public fear to ensure penalty enforcement succeeds. The C19 pandemic has exposed governance limitations in not just following C19 rules, but also in other areas of public safety like road travel, sanitation, dietary habits, etc. Maximise economic growth The earlier lockdown has strained the economy. Adequate measures need to be taken to get the economy back on track. Some of the areas that need to be addressed are: One needs to evaluate the development needs of the country in different categories like growth impetus factors (e.g. building roads, electricity capacity increase), social factors (e.g. waste water treatment plants, health care capacity), and environmental factors (e.g. solar energy generation, EV charging stations). Governments need to accelerate funding in such projects so that that large numbers of unemployed people are hired and trained. Besides giving an immediate boost to the ailing economy such projects have a future payback. The governments should not get bogged down by the huge fiscal deficit such measures can create. Such a mechanism to get money out in the economy is far than better measures like QE (Quantitative Easing) or free money transfer into people’s bank accounts Certain items like smartphone, internet, masks, etc. have become critical (for work, education, critical government announcements). It’s essential to subsidise or reduce taxes so that these items are affordable and accessible to everyone without a financial impact The government shouldn’t put too many C19 related controls on service offerings (e.g. shops, schools, restaurants, cabs). Putting many controls increases the cost of the service which neither the seller not buyer is willing or able to pay. Where controls are put, the Govt should bear the costs or reduce taxes or figure out a mechanism so that the cost can be absorbed. An event like the C19 pandemic is a great opportunity to rationalise development imbalances in the country. Government funding should be channelized more to under-developed regions. This drives growth in regions that need it most. It also prevents excess migration that has resulted in uncontrolled and bad urbanisation that has made C19 management hard (guidelines like social distance are impossible to follow) Post-C19 lockdown, the business environment (need for sanitizers, masks, home furniture) has changed. To make people employable in new flourishing businesses there could be a need to re-skill people. Such an initiative can be taken up by the public/private sector The number of C19 infected asymptomatic patients is going to keep increasing. Building an economy around them (existing, recovered C19 patients) may not be a far-fetched idea. E.g. jobs for C19 infected daily wage earners, C19 infected taxi drivers to transport C19 patients, etc. In the last 100 years, mankind has conquered the destructive aspects of many a disease and natural mishap (hurricanes, floods, etc.). Human lives lost in such events has dramatically dropped over the years and our preparedness has never been this good. Nature seems to have caught up with mankind’s big strides in science and technology. C19 has been hard to reign in with no breakthrough yet. The C19 pandemic is here to stay for the near future. The more we accept this reality and change ourselves to live with it amidst us, the faster we can return to a new normal. A quote from Edward Jenner (inventor of Small Pox) seems apt in the situation – “The deviation of man from the state in which he was originally placed by nature seems to have proved to him a prolific source of diseases”.

Government Business, Government Finance

Article | July 12, 2022

The biggest IT challenge local governments faced during the COVID-19 pandemic has been scaling existing infrastructure to accommodate many more workers than they had planned for, IT leaders said during a June 17 panel discussion. “Our remote access solution was originally scaled for a major snow day, not for 3,000 to 4,000 remote users,” Charles Gore, IT security manager for Loudoun County, Va., said during a webinar presented by CompTIA’s Public Technology Institute. “We were looking at 500 users remote. We had to spread the scoping across multiple technologies, which we had, but we needed to very quickly adjust to accommodate the new users.”

Article | August 26, 2020

In spite of a decline in contracting opportunities in state and local government, public officials are announcing dozens of new, large projects each week. The announcements usually include upcoming solicitations for new construction projects as well as renovation and upgrade projects. Because of population growth, many of the most recent announcements have expansion projects. Educational facilities need more classrooms, cities and counties need more office facilities, and economic development organizations have plans to develop more revenue-generating venues. Overall, it appears that contracting opportunities will not suffer much as a result of fewer solicitation documents that are anticipated over the near term. Here’s a sampling of what to anticipate in 2021. New York Broome County is planning a two-phase $180 million renovation project for the Floyd L. Maines Veterans Memorial Arena. The project will be a rather large one, and the first phase work has a projected cost of $58 million. That work will involve improvements and upgrades to the arena's current space. Phase two of the project carries an estimated cost of approximately $125 million. It will include construction of a second ice rink and a convention center, both of which will be linked to the current arena. The objective is to increase the number and type of activities that can be accommodated in this downtown. Accommodations will be made for e-sports, various types of tournaments and space for practice sessions by the American Hockey League Binghampton Devils. Phase two will also include another downtown hotel and a new park alongside the Susquehanna River. Formal solicitations for the project may be delayed until 2022, but interested contractors and/or partners will find no better time than now for positioning and pre-sales activities. Mississippi The Mississippi Legislature ended its yearly session with the approval of a bond bill in the amount of $291 million. This funding will be allocated for various types of projects. The sum of $13.5 million is earmarked for Mississippi Valley State University. The school will expand its student union building and upgrade other facilities. Another $13.5 million has been set aside for repairs to the state capitol building, grounds, and War Memorial building. Funding also will be provided to the city of Tupelo for repair, renovation, and expansion of the BancorpSouth Arena and Conference Center. Greene County will receive funding for the renovation and expansion of the county’s rural events center in Leakesville. Georgia The Georgia General Assembly’s final version of a $25.9 billion fiscal budget was adopted in June and it calls for making $70 million available for an expansion project related to the Savannah Convention Center. Another $10.24 million is allocated for infrastructure improvements to the Georgia World Congress Center in downtown Atlanta. The budget also will finance universities, colleges, and technical colleges. Specifically, $5 million is designated for renovations at the Driftmier Engineering Center at the University of Georgia’s main campus in Athens, $4.8 million for renovations to the Dublin Center and Library on the Dublin campus of Middle Georgia State University, and $4.5 million for renovations to the Memorial College Center on the Armstrong campus of Georgia Southern University in Savannah. Massachusetts An architecture firm will be selected to conduct a fast-tracked assessment of the Holyoke Soldier’s Home for an upcoming renovation and expansion project. The state of Massachusetts has designated 12 weeks for a firm to complete a needs assessment that will provide three scenarios for improvements that focus on infection control and needs of the residents. Planning for this project which is projected to cost approximately $116 million plan began years ago. The objective is to expand the facility with a five-story addition that provides 120 new private rooms. Oregon The Portland Public School Board plans to move forward with a $1.2 billion November bond election. If voters approve the bond package, there will be funding available for the modernization of Jefferson High School. Planning documents outline plans to fund design work and additional master planning. Initial implementation will include investments in the neighborhood schools surrounding Jefferson High School, pre-construction planning for the modernization of Cleveland and Wilson high schools, and final modernization of Benson Polytechnic High School. Indiana The Seymour ISD has announced plans to convert the Seymour Middle School Sixth Grade Center into an intermediate school for fifth- and sixth-grade students and also upgrade Seymour High School. Construction should begin in 2022 on this $52.45 million project. Objectives include the provision of additional classroom space, enhanced security, upgraded accessibility, and expansion opportunities for career and athletic programming. Enhancements and upgrades also will be made at the intermediate school. These include the construction of a new kitchen and cafeteria, administrative office, gymnasium, library, and band and choir rooms. The number of classrooms will be increased from 15 to 38. At the high school, a minimum of 25 new classrooms will be added and a corridor will be constructed to relieve congestion and create space for additional lockers. West Virginia The Greenbrier County Courthouse, built in 1837, is slated for an expansion project that will add approximately 22,000 square feet. The new annex, which will have an elevator, will be attached to the northern end of the current courthouse. The solicitation for construction is likely to begin in December. The construction project will include code upgrades and the upgrading of air conditioning equipment, sprinkler systems, and heating units. A secure elevator will be added in the existing courthouse to move prisoners. These projects are indicative of what can be found by researching upcoming contracting opportunities. Each new project also will require additional purchases related to technology, security, upgraded equipment, furniture, office supplies, landscaping, and numerous professional services. The government marketplace is still one of the hottest places to find abundant opportunities for private sector firms. Mary Scott Nabers is president and CEO of Strategic Partnerships Inc., a business development company specializing in government contracting and procurement consulting throughout the U.S. Her recently released book, Inside the Infrastructure Revolution: A Roadmap for Building America, is a handbook for contractors, investors and the public at large seeking to explore how public-private partnerships or joint ventures can help finance their infrastructure projects.