Proceedings of the Twelfth Annual Conference of the Applied Business and Entrepreneurship Association International Program Chair Bahram Adrangi Program Co-Chairs Arjun Chatrath Richard Gritta Pamplin School of Business Administration The University of Portland November 2015 Honolulu, Hawaii Articles published in this Conference Proceedings are accepted based on the double-blind peer-review process. Colorado’s Intrastate Crowdfunding Rules Help Small Entrepreneurs: The Burden of a High Cost Eric Blomfelt and Nina Radojevich-Kelley, Metropolitan State University of Denver Department of Management, Campus Box 78, PO Box 173362, Denver, CO 80217-3362 Email: nradojev@msudenver.edu Abstract For more than a decade, thousands of entrepreneurs relied on crowdfunding websites, such as Kickstart or Indiegogo, to fund their start-ups. Until recently, it was illegal under the existing securities rules to sell equity through these type of sites. The 2012 Jumpstart Our Business Startups Act, or JOBS Act, provided federal authorization for equity crowdfunding nationally. However, specific rules for equity crowdfunding slowed at the Federal Security Exchange Commission level, thus prompting states to write and approve their own legislation regarding intrastate equity sales. As a result, Colorado recently approved legislation allowing for intrastate crowdfunding sales. The purpose of this paper is to analyze the birth of Colorado equity crowdfunding. The authors closely examine what disclosure requirements business owners must meet, what regulations are in place for investments, risks involved regarding non-accredited investors, and the state boundary requirements per investment. A thorough review of House Bill 1246 is provided, as well as an analysis of what intrastate equity sales mean for Colorado entrepreneurs. Recommendation are provided for Colorado entrepreneurs regarding the risks/benefits of intrastate equity crowdfunding. Intrinsic Intelligence, Inc. Michael R. Summers, Business Administration Division, Pepperdine University, Malibu, CA 90263, Phone: (310) 506-4536, email: msummers@pepperdine.edu Abstract This is a teaching case study designed for upper-level undergraduate students in a basic operations management course. Prerequisites would include statistics and computer science. The purpose of the case study is to give students an opportunity to make an aggregate plan for production over the coming year. They are given projected demands and estimates of a variety of costs. The case study presents an interesting problem in a realistic setting, and students will be forced to consider the practical problems involved as well as the quantitative analysis. Introduction Intrinsic Intelligence is a research group in San Jose, California, one of literally thousands of such groups in the famed Silicon Valley south of San Francisco. The group includes researchers from a variety of backgrounds, such as computer engineering, software development, ergonomics, neurology, and design. While some of them have come from around the world, many have stayed on after graduating from nearby Stanford University and UC Berkeley. As in many Silicon Valley startups, the organization is loose, unthreatening, and encouraging of creativity. Befitting this organizational climate, the company’s motto is “Quispiam frigum faciamus” (“Let’s do something cool”). Accordingly, researchers strive to make a quantum technological leap in developing each new product to make people’s lives more efficient and enjoyable. The Product The researchers at Intrinsic Intelligence were inspired by the invention of Google Glass, which puts a small optical screen at the edge of eyeglass frames and has the capability of operating like a small computer. It can be activated by touch or by voice and uses bone conduction to convey sound to the ear without being audible to others. It can take pictures and videos and can link to an iPhone. Still it falls short of the science fiction dream of connecting a computer directly to a person’s brain. After a couple of years of development the researchers at Intrinsic Intelligence have come up with what they think is the next generation of personal computing and communication. Their product is called the iiPhone, or the “I-Two” which stands for the “Intrinsic Intelligence Phone.” Rather than connecting directly to a person’s brain, which could be problematic, the iiPhone communicates through brain waves. A very small transmitter/receiver is placed near a person’s brain; current models consist of a small module that attaches to the post of an earring behind a person’s ear. After about half an hour of synchronizing to an individual’s brain waves, this module can then interpret brain waves and send communication back to the brain. It also communicates to the main processor, which is also quite small (because it needs no screen), about half the size of the smallest cell phones. It can be carried easily in a pocket or purse. After the initial setup, the user can operate the iiPhone simply by thinking. An added benefit of the iiPhone is that it is not a target for theft since it can be operated only by its owner. While there are always bugs to work out on such a radical new product, Intrinsic Intelligence is very excited about the I-Two and plans to start producing the first models in the coming year. The Market Demand for the I-Two is obviously very speculative at this point since there is no previous history to refer to. As with any product, there will be a certain amount of sensitivity to the price chosen. However, with exciting new technologies there also will always be a certain base of customers who just have to have the product regardless of price. During the first year of production the company plans to produce two versions of the I-Two. The base version will be called the I-Two Neuro. The more expensive model, the I-Two Nano, will incorporate more storage and more apps into even smaller modules. The company has been promoting the new product during the current year and has done what marketing research they could. Demands for both models have been projected for each month of the coming year (Exhibit 1), but the company is aware that they could easily be off by 20% or more. Production Planning For The Coming Year The main rollout of the I-Two will take place in November of the current year in order to take advantage of the holiday buying season. Demand is expected to continue to be high during the first part of next year as people begin to try it out and spread the word about it. Assuming that the product works well and meets expectations, demand is expected to grow strongly throughout the year. However, some seasonality is expected. Besides the strong demand at the beginning of the year, peaks are expected in late summer prior to the school year and again during the holiday season. The holding cost for the I-Two consists mainly of the opportunity cost of the money spent producing it since its small size doesn’t require a lot of storage space and handling. It is estimated that it will cost 15% of the item’s value to hold it for a year. When it is necessary to hold inventory over to the next month, the company can plan to produce and hold the model with the lower holding cost per labor hour. Customers may be willing to wait a bit for their order in the case of such an innovative product. However, if the company is unable to meet delivery on time, they will still incur a backorder cost due to extra paperwork and potentially damaging publicity. Their rule of thumb is that each hour of work that is backordered costs about $10. Production workers are paid an average of $30 per hour, plus an extra 50% of their base wages in benefits. While different months vary in their number of days and holidays, for simplicity the company assumes an average of 20 working days per month, each with 8 hours of regular working time. Hiring a new production worker costs an estimated $800, and new workers average only about 80 % efficiency for the first month after they are hired. After their first month they are assumed to work at 100% efficiency. When it is necessary to lay off a production worker, the cost is estimated to be $500. Workers are paid a bonus of 50% of their regular wages (not including benefits) for working overtime. The company has a policy of working no more than an additional 20% of regular time in overtime. Overhead costs are about 150% of direct labor costs, and general selling and administrative costs are about 25% of sales. Costs for materials and selling prices appear in Exhibit 2. Considering these cost figures and projected demands, Intrinsic Intelligence must determine a production plan for the coming year. They must also consider the effect of possible variations in demand from the forecast, as well as what would be the best production staffing position to be in to prepare for future years. Points For Analysis 1. Convert all projected demands into labor hours required in order to determine total demand per month in terms of labor hours. 2. Calculate the total cost of one labor hour of production for each model, including material, labor, and overhead. What is the cheaper holding cost of the two models? 3. Using the iterative approach on a spreadsheet, try various alternatives to find the optimal aggregate plan for the next year. 4. How does the uncertainty in monthly demand affect your recommendation? 5. How does the expected growth in demand in future years affect your recommendation? 6. Do you have any nonquantitative suggestions for Intrinsic Intelligence? Exhibit 1 Sales Forecast (thousands) Model Month January February March April May June July August September October November December Standard Hours per Unit: Neuron 500 480 450 400 430 550 600 800 750 670 760 850 Nano 600 530 440 360 380 460 520 650 590 500 740 940 .6 .8 Exhibit 2 Material Costs and Selling Prices Model Neuron Nano Material Cost $42 $60 Selling Price $350 $500 Teaching Notes – Intrinsic Intelligence, Inc. The purpose of the case is to give the students an opportunity to apply different aggregate planning strategies to a manufacturing system in order to minimize the various costs. The analysis lends itself nicely to working on spreadsheets, and the data may be changed easily to provide for reuse of the case. When my students analyze a case study, I ask them to cover the following areas: Background and Problem Definition The student is asked to boil down the basic facts of the case to a page or so in order to communicate the essence of the case to someone else. This forces the student to decide just what the most important facts are. Also, the student summarizes the symptoms pointing to the need for analysis. Objective Function Here the student is asked to specify the main quantifiable objective function and to identify other less-quantifiable objectives. The main objective in this case is to minimize the total cost of the coming year’s production, including hiring and firing costs, inventory holding costs, stockout costs, labor costs, overtime costs, and overhead costs. Students should write out a specific cost function. They should also consider any nonquantitative objectives, such as workers’ morale and labor relations. Missing Information This section asks the student to brainstorm about what other information would be useful in the real situation. For example, in this case it would be nice to have some feel for the possible variability in demand and cost estimates. An estimate of future growth is also very important. Assumptions In this section students are asked to identify potential weaknesses in their analysis by listing the underlying assumptions. Some of these may relate directly to the missing information, such as assuming that the various demand and cost estimates are correct and ignoring their variability. Other assumptions arise from the use of any quantitative model to approximate reality; here, for example, we must assume that the workers all work at the same rate, learn the job at the same rate, cost the same to hire and fire, and work a standard month. Analysis This is the heart of provided in the case. will minimize costs. the structure of the the case study, where the student is guided by the Points for The main result of the case is a production plan for the coming By setting up a model on a spreadsheet, students will be able to problem and to experiment with different strategies, such as Analysis year that visualize constant production, working overtime, or hiring and firing each month to meet demand. Each trial should give them further insight to enable them to zero in on a very good, if not optimal, combination of these strategies. Because of the complexity of the problem, it is not recommended that students spend a lot of time trying to set it up for Solver since they can very quickly try different strategies themselves on their spreadsheet. The holding cost comes out to approximately $2.28 per labor hour per month, based on holding the Neuron, the cheaper of the two in material, labor, and overhead cost per labor hour. Exhibit 3 shows the calculation of monthly demands in terms of labor hours. Exhibits 4 – 9 show some of the reasonable alternatives that a student might analyze. With the numbers given, it turns out that the simplest alternative, constant production, is the most profitable. Conclusion In this section the student can summarize the results of the analysis, along with any cautions regarding the solution and any suggestions regarding implementation. This is another section where the student can show an understanding of the realities of the situation as well as the quantitative analysis. For example, in this case students should express caution regarding their results because of the assumptions made about costs and demands. They should also discuss some of the nonquantitative ramifications of their alternatives before coming up with their recommended alternative, and they should show awareness of the need for further study and monitoring in the future. Exhibit 3 Demand Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Neuron 500 480 450 400 430 550 600 800 750 670 760 850 Nano 600 530 440 360 380 460 520 650 590 500 740 940 Total Hrs. 780 712 622 528 562 698 776 1000 922 802 1048 1262 Hrs./unit: 0.6 0.8 809.3333 Exhibit 4 Constant Production Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. BI Act. Prod. 0 809.3333 29.33333 809.3333 126.6667 809.3333 314 809.3333 595.3333 809.3333 842.6667 809.3333 954 809.3333 987.3333 809.3333 796.6667 809.3333 684 809.3333 691.3333 809.3333 452.6667 809.3333 Totals: Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Eff. Prod. OT Prod. 809.3333 809.3333 809.3333 809.3333 809.3333 809.3333 809.3333 809.3333 809.3333 809.3333 809.3333 809.3333 9712 Ch. Prod. 0 0 0 0 0 0 0 0 0 0 0 0 Totals: Available 809.3333 838.6667 936 1123.333 1404.667 1652 1763.333 1796.667 1606 1493.333 1500.667 1262 0 Demand 780 712 622 528 562 698 776 1000 922 802 1048 1262 EI 29.33333 126.6667 314 595.3333 842.6667 954 987.3333 796.6667 684 691.3333 452.6667 0 9712 Holding Stockout Reg. Labor OT Labor Overhead Hire/Fire 66.91667 0 36420 0 54630 0 288.9583 0 36420 0 54630 0 716.3125 0 36420 0 54630 0 1358.104 0 36420 0 54630 0 1922.333 0 36420 0 54630 0 2176.313 0 36420 0 54630 0 2252.354 0 36420 0 54630 0 1817.396 0 36420 0 54630 0 1560.375 0 36420 0 54630 0 1577.104 0 36420 0 54630 0 1032.646 0 36420 0 54630 0 0 0 36420 0 54630 0 14768.81 Grand Total = 0 437040 0 655560 1107369 Revenue = 5889000 GS&A = 1472250 Material = 706680 Var. cost= 1107369 Profit Exhibit 5 Hire and Fire = 2602701 0 Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. BI 0 0 0 0 0 0 0 0 0 0 0 0 Act. Prod. Eff. Prod. OT Prod. Available 780 780 780 712 712 712 622 622 622 528 528 528 570.5 562 562 729.875 698 698 787.5313 776 776 1053.117 1000 1000 922 922 922 802 802 802 1109.5 1048 1048 1300.125 1262 1262 Totals: 9712 Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Ch. Prod. -520.125 -68 -90 -94 42.5 159.375 57.65625 265.5859 -131.117 -120 307.5 190.625 Holding 0 0 0 0 0 0 0 0 0 0 0 0 Stockout 0 0 0 0 0 0 0 0 0 0 0 0 Totals: 0 0 0 Grand Total = 0 EI 0 0 0 0 0 0 0 0 0 0 0 0 9712 Reg. Labor OT Labor 35100 0 32040 0 27990 0 23760 0 25672.5 0 32844.38 0 35438.91 0 47390.27 0 41490 0 36090 0 49927.5 0 58505.63 0 446249.2 Demand 780 712 622 528 562 698 776 1000 922 802 1048 1262 0 Overhead 52650 48060 41985 35640 38508.75 49266.56 53158.36 71085.41 62235 54135 74891.25 87758.44 669373.8 8313.843 1123937 Revenue = 5889000 GS&A = 1472250 Material = 706680 Var. cost= 1123937 Profit Hire/Fire 1625.391 212.5 281.25 293.75 212.5 796.875 288.2813 1327.93 409.7412 375 1537.5 953.125 = 2586133 Exhibit 6 Overtime With Constant Production Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. BI 0 20 108 286 558 796 898 922 722 600 598 350 Act. Prod. Eff. Prod. OT Prod. Available 800 800 800 800 800 820 800 800 908 800 800 1086 800 800 1358 800 800 1596 800 800 1698 800 800 1722 800 800 1522 800 800 1400 800 800 1398 800 800 112 1262 Totals: Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. 9600 Ch. Prod. 0 0 0 0 0 0 0 0 0 0 0 0 Totals: 112 Demand 780 712 622 528 562 698 776 1000 922 802 1048 1262 EI 20 108 286 558 796 898 922 722 600 598 350 0 9712 Holding Stockout Reg. Labor OT Labor Overhead Hire/Fire 45.625 0 36000 0 54000 0 246.375 0 36000 0 54000 0 652.4375 0 36000 0 54000 0 1272.938 0 36000 0 54000 0 1815.875 0 36000 0 54000 0 2048.563 0 36000 0 54000 0 2103.313 0 36000 0 54000 0 1647.063 0 36000 0 54000 0 1368.75 0 36000 0 54000 0 1364.188 0 36000 0 54000 0 798.4375 0 36000 0 54000 0 0 0 36000 6720 64080 0 13363.56 Grand Total = 0 432000 6720 658080 1110164 Revenue = 5889000 GS&A = 1472250 Material = 706680 Var. cost= 1110164 Profit Exhibit 7 Overtime With Hire and Fire = 2599906 0 Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. BI 0 0 0 0 0 0 0 0 0 0 0 0 Act. Prod. Eff. Prod. OT Prod. Available 780 780 780 712 712 712 622 622 622 528 528 528 570.5 562 562 729.875 698 698 787.5313 776 776 1053.117 1000 1000 922 922 922 802 802 802 1109.5 1048 1048 1109.5 1109.5 152.5 1262 Totals: 9559.5 Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Ch. Prod. -329.5 -68 -90 -94 42.5 159.375 57.65625 265.5859 -131.117 -120 307.5 0 Holding 0 0 0 0 0 0 0 0 0 0 0 0 Stockout 0 0 0 0 0 0 0 0 0 0 0 0 Totals: 0 0 0 Grand Total = 152.5 Demand 780 712 622 528 562 698 776 1000 922 802 1048 1262 EI 0 0 0 0 0 0 0 0 0 0 0 0 9712 Reg. Labor OT Labor 35100 0 32040 0 27990 0 23760 0 25672.5 0 32844.38 0 35438.91 0 47390.27 0 41490 0 36090 0 49927.5 0 49927.5 9150 437671.1 9150 Overhead 52650 48060 41985 35640 38508.75 49266.56 53158.36 71085.41 62235 54135 74891.25 88616.25 670231.6 6765.015 1123818 Revenue = 5889000 GS&A = 1472250 Material = 706680 Var. cost= 1123818 Profit Exhibit 8 Two-Level Production Hire/Fire 1029.688 212.5 281.25 293.75 212.5 796.875 288.2813 1327.93 409.7412 375 1537.5 0 = 2586252 Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. BI 0 -111.714 -155.429 -109.143 31.14286 137.4286 107.7143 0 -49.619 49.28571 268.1905 241.0952 Act. Prod. 668.2857 668.2857 668.2857 668.2857 668.2857 668.2857 668.2857 1020.905 1020.905 1020.905 1020.905 1020.905 Totals: Eff. Prod. OT Prod. 668.2857 668.2857 668.2857 668.2857 668.2857 668.2857 668.2857 950.381 1020.905 1020.905 1020.905 1020.905 9712 Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Ch. Prod. -352.619 0 0 0 0 0 0 352.619 0 0 0 0 Totals: 0 Holding 0 0 0 71.04464 313.5089 245.7232 0 0 112.433 611.8095 549.9985 0 Stockout 1117.143 1554.286 1091.429 0 0 0 0 496.1905 0 0 0 0 Available 668.2857 556.5714 512.8571 559.1429 699.4286 805.7143 776 950.381 971.2857 1070.19 1289.095 1262 0 EI -111.714 -155.429 -109.143 31.14286 137.4286 107.7143 0 -49.619 49.28571 268.1905 241.0952 0 9712 Reg. Labor OT Labor 30072.86 0 30072.86 0 30072.86 0 30072.86 0 30072.86 0 30072.86 0 30072.86 0 45940.71 0 45940.71 0 45940.71 0 45940.71 0 45940.71 0 1904.518 4259.048 440213.6 Grand Total = Demand 780 712 622 528 562 698 776 1000 922 802 1048 1262 0 Overhead Hire/Fire 45109.29 1101.935 45109.29 0 45109.29 0 45109.29 0 45109.29 0 45109.29 0 45109.29 0 68911.07 1763.095 68911.07 0 68911.07 0 68911.07 0 68911.07 0 660320.4 1109563 Revenue = 5889000 GS&A = 1472250 Material = 706680 Var. cost= 1109563 Profit Exhibit 9 Average Last 5 Months = 2600507 2865.03 Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. BI Act. Prod. Eff. Prod. OT Prod. 0 780 780 0 712 712 0 622 622 0 528 528 0 570.5 562 0 729.875 698 0 787.5313 776 0 1015.936 970.2552 -29.7448 1015.936 1015.936 64.19141 1015.936 1015.936 278.1276 1015.936 1015.936 246.0638 1015.936 1015.936 Available 780 712 622 528 562 698 776 970.2552 986.1914 1080.128 1294.064 1262 Totals: 9712 Month Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec. Ch. Prod. Holding Stockout Reg. Labor OT Labor -235.936 0 0 35100 0 -68 0 0 32040 0 -90 0 0 27990 0 -94 0 0 23760 0 42.5 0 0 25672.5 0 159.375 0 0 32844.38 0 57.65625 0 0 35438.91 0 228.4049 0 297.4479 45717.13 0 0 146.4366 0 45717.13 0 0 634.4786 0 45717.13 0 0 561.333 0 45717.13 0 0 0 0 45717.13 0 Totals: 0 0 1342.248 297.4479 441431.4 Grand Total = Demand EI 780 0 712 0 622 0 528 0 562 0 698 0 776 0 1000 -29.7448 922 64.19141 802 278.1276 1048 246.0638 1262 0 9712 0 Overhead 52650 48060 41985 35640 38508.75 49266.56 53158.36 68575.69 68575.69 68575.69 68575.69 68575.69 662147.1 3964.482 1109183 Revenue = 5889000 GS&A = 1472250 Material = 706680 Var. cost= 1109183 Profit Hire/Fire 737.3006 212.5 281.25 293.75 212.5 796.875 288.2813 1142.025 0 0 0 0 = 2600887