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Thomas, IIIAssistant Administrator, OSDBU National Aeronautics and Space Steven Van Rees, Contact Person, OSDBU Office of Personnel Management Simon Woodard, Director, OSDBU Corporation

Trang 1

Irish Franchise Association

13 Frankfield Terrace, Summerhill

South Cork, Ireland

Attn: John Neenan, Director

Italian Franchise Association

Corso di Porta Nuova, 3

Malaysian Franchise Association

Lot 8 Plaza Putra dataran, Merdeka, Jalan Raja

Kuala Lumpur 50050, Malaysia

Attn: Dr Ishak B Che Long, Director

Trang 2

(60) 3-294-7055 (Tel)

(60) 3-294-7033 (Fax)

Kazakhstan Francise Association

Andrey Zahrov Kazaf @mail.ru

Mexican Franchise Association

Insurgentes Sur 1783, 303, Col Guadalupe Inn

Netherlands Franchise Association

Mr Andre W.M Brouwer, Managing Director

Associacao Portuguesa Da Franchise

Mr Raoul Neves, President

Rua Viriato, 25-3

1050-234 Lisboa, Portugal

(35) 121-319-2938 (Tel)

(35) 121-319-2939 (Fax)

Romanian Franchise Association

Calea Victorieri Nr 95, Et 4, Ap 16, Sect 1

Bucharest, Romania

Attn: Violeta Popovici, Chief Executive

(401) 3126889/6180186 (Tel)

(401) 3126890 (Fax)

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Stiles & Riabokobylko Russian Real Estate

Stiles & Riabokobylko Ltd.

Russian Franchise Association

2nd Proezd Perova Poly

Singapore International Franchise Association

Robert Leong, Chairman

Franchise Association of Southern Africa

Kenlaw House, 27 De Beer Street, P.O Box 31708

Braamfontein, 2017 South Africa

Attn: Jack Barber, Executive Director

(27) 11-4033468 (Tel)

(27) 11-4031279 (Fax)

Swedish Franchise Association

Ms Karin Ericsson, Managing Director

Swiss Franchise Association

Christopher Wildhaber, Managing Director

Trang 4

UFRAD—Turkish Franchising Association

Istiklal Cad No: 65, Emgen Han, 80600 Beyoglu

Istanbul, Turkey

Attn: Temel Sahingiray, Chairman

(90) 212-252-5561 (Tel)

(90) 212-252-5561 (Fax)

Ukrainian Franchise Association

Mark G Zarkhin, President and Founder

International Franchise Association

1350 New York Avenue, N.W.

OSDBU Directors

Cabinet Agencies

Frank Ramos, Director, OSDBU

Department of Defense

Trang 5

The Pentagon, Room 2A338

Washington, DC 20301-3061

Telephone: (703) 588-8631

Fax: (703) 588-7561

www.acq.osd.mil/sadbu

Joseph Diamond, Director, OSDBU

Department of the Air Force

Tracey L Pinson, Director, OSDBU

Department of the Army

106 Army Pentagon, Room 2A712

5810 Washington, DC 20310-0106

Telephone: (703) 697-7753

Fax: (703) 693-3898

Thomas D Ray, Director, OSDBU

Defense Logistics Agency

8725 John J Kingman Road, Suite 1127

Paulette Widmann, Deputy Director, OSDBU, UNSECNAV

Department of the Navy

720 Kennon Street, SE— 207

14th & Independence Avenue, SW

Room 1566, South Building

Washington, DC 20250-9501

Telephone: (202) 720-7117

Fax: (202) 720-3001

www.usda.gov/da/smallbus.html

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T J Garcia, Director, OSDBU

Debbie Ridgley, Director, OSDBU

Department of Health and

A Jo Baylor, Acting Director, OSDBU

Department of Housing and

Robert W Faithful, IV, Director, OSDBU

Department of the Interior

1849 & C Street, NW, Room 5070

Trang 8

Other Independent Agencies

Marilyn S Marton, Director, OSDBU

Agency for International Development

1300 Penn Avenue, NW, Room 7.8-E

Washington, DC 20523

Telephone: (202) 712-1500

Fax: (202) 216-3056

www.usaid.gov/procurement_bus_opp/osdbu

Jeanette Brown, Director, OSDBU

Environmental Protection Agency

Arel Arios Building

1200 Penn Avenue, NW, Room 6426

401 M Street, SW, Code A-1230-C

Washington, DC 20460

Telephone: (202) 564-4100

Fax: (202) 501-0756

www.epa.gov/osdbu

Joe McAllibaugh, Director

Federal Emergency Management Agency

Jean Sefchick, Director, OSDBU

Federal Trade Commission

6th & Pennsylvania Avenue, NW

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Ralph C Thomas, III

Assistant Administrator, OSDBU

National Aeronautics and Space

Steven Van Rees, Contact Person, OSDBU

Office of Personnel Management

Simon Woodard, Director, OSDBU

Corporation for National Service

1201 New York Avenue, NW, Suite 6100

Washington, DC 20525

Telephone: (202) 606-5000 ext 114

Fax: (202) 565-2777

Mark Pitra, Director, OSDBU

Export-Import Bank of the U.S.

811 Vermont Avenue, NW, Room 1020

Washington, DC 20571

Telephone: (202) 565-3338

Fax: (202) 565-3528

Thelma Toler, Director, OSDBU

Executive Office of the President

725 17th Street, NW, Room 5001

Washington, DC 20503

Telephone: (202) 395-7669

Fax: (202) 395-1155

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Dennis Dorsey, Procurement Director

Federal Communications Commission

445 12th Street, SW, Room 1-A-524

Washington, DC 20554

Telephone: (202) 418-0992

Ronald H Langston, Director, OSDBU

National Director Minority Business Development

Minority Business Development

Mauricio Vera, Contact Person, OSDBU

Office of Small Business, Civil Rights

Nuclear Regulatory Commission

Amy Erwin, Director, OSDBU

Procurement Technical Assistance

Center Program

George Mason University

7960 Donegan Drive, Sudley North Building B

Manassas, VA 22110

Telephone: (703) 330-5458

Fax: (703) 330-5891

Dorthy Graham Campbell

Acting Supply Manager, Diversity

U.S Postal Service

475 L’Enfant Plaza West, SW

Room 3821

Washington, DC 20260-5616

Trang 11

Steven R Ayers, Sr Manager, OSDBU

Tennessee Valley Authority

U.S Department of Commerce (DOC)

Herbert C Hoover Building

14th Street & Constitution Ave., NW

Washington, D.C 20230

(202) 482-2000

Offers a wide variety of programs and services relating to economic ment, international trade, and minority business The U.S Patent and Trade- mark Office (800-786-9199) is a division of the DOC, which processes federal patent and trademark applications and publishes various resources on the protection of intellectual property.

Trang 12

develop-State Agencies

Although a comprehensive state-by-state directory is beyond the scope of this chapter, virtually every state has at least one office or agency that is responsible for coordinating programs and assistance for small and minority- owned businesses These various state programs offer a wide range of ser- vices, from technical assistance to advocacy to financial support Each state

‘‘houses’’ the small business division in a slightly different place, but a safe place to start is with a call to the state’s Department of Commerce or Depart- ment of Economic Development A few states, such as California (916-324- 1295), Connecticut (860-258-4200), Illinois (217-524-5856), and Minnesota (800-657-3858), have a standalone Office of Small Business Many states offer training programs, seminars, publications, and even tax breaks to foster and encourage the growth of small businesses The Chambers of Commerce in each state are also an excellent starting point for determining the availability and extent of small business development programs in a given region.

Trade Associations

There are literally thousands of trade associations, networking groups, ture clubs, and other organizations that directly or indirectly focus on the needs of small business owners, entrepreneurs, growing companies, women- owned businesses, minority-owned businesses, importers and exporters, and virtually every other group that shares common interests Some of the more established groups with a genuine nationwide presence and solid track rec- ord include:

ven-U.S Chamber of Commerce

to support national business interests and includes a Small Business Center (202-463-5503).

Alliance of Independent Store Owners and Professionals (AISOP)

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poli-American Association for Entrepreneurs

American Small Business Association (ASBA)

President: Bill Hill, Sr

ASBA’s membership base consists of small business owners with 20 or fewer employees ASBA members have access to the same advantages that larger corporations enjoy through member benefits and services.

International Franchise Association (IFA)

1350 New York Avenue, Suite 900

National Association of Development Companies (NADCO)

6764 Old McLean Village Drive

McLean, VA 22101-3906

(703) 748-2575

chris@nadco.org

www.nadco.org

Executive Director: Christopher L Crawford

NADCO is the trade group of community-based, nonprofit organizations that promote small business expansion and job creation through the SBA’s 504 loan program, known as Certified Development Companies (CDC).

National Association of Manufacturers (NAM)

1331 Pennsylvania Avenue, NW

Suite 1500 North

Washington, DC 20004

Trang 14

(202) 637-3000

www.nam.org

NAM serves as the voice of the manufacturing community and is active on all issues concerning manufacturing, including legal system reform, regulatory restraint, and tax reform.

National Association for the Self-Employed (NASE)

2121 Precinct Line Road

National Association of Small Business Investment Companies (NASBIC)

entrepre-National Small Business United (NSBU)

Trang 15

National Venture Capital Association

1655 Fort Myer Drive, Suite 850

National Association of Investment Companies (NAIC)

1300 Pennsylvania Ave., NW, Suite 700

National Association of Women Business Owners (NAWBO)

8405 Greensboro Drive, Suite 800

National Association for Female Executives (NAFE)

National Business League (NBL)

1629 K Street, NW, Suite 605

Washington, DC 20006

(202) 466-5483

www.thenbl.com

Trang 16

NBL is primarily involved in business development among African cans and serves as a voice for black business on Capitol Hill and in the fed- eral government.

Ameri-U.S Hispanic Chamber of Commerce

In addition to the above, there are a wide variety of special purpose or industry-specific trade associations or foundations These include:

Young Entrepreneurs’ Organization (YEO)

1199 N FairFax Street, Suite 200

Executive Director: Michael Kaye

National Foundation for Teaching Entrepreneurship to Handicapped and Disadvantaged Youth, Inc (NFTE)

120 Wall Street, 29th Floor

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(847) 685-8600

www.fb.com

American Electronics Association

1225 Eye Street, NW, Suite 950

Washington, DC 20005

(202) 682-9110

www.aeanet.org

American Financial Services Association

919 18th Street, NW, Third Floor

Software and Information Industry Association

1090 Vermont Avenue, NW, Sixth Floor

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(202) 331-5900

www.restaurant.org

National Retail Federation

325 Seventh Street, NW, Suite 1100

Washington, DC 20004

(202) 783-7971

www.nrf.com

Other Miscellaneous Resources in Cyberspace

Over the past few years, hundreds of web sites have been developed to vide resourceful support to franchisors and entrepreneurs Web sites come and go quickly and change often, so it’s probably best to use one of the popu- lar search engines and enter key words, which will narrow the scope of your search or particular resource need Next time you are surfing the ‘Net’ here are some web sites worth visiting:

IFX International www.centercourt.com Articles and

informa-tion on franchising IdeaCafe www.ideacafe.com Small business meet-

ing place

Venture Capital vcinstitute.org Wide range of

Dun & Bradstreet www.dnb.com A comprehensive

and demographic formation

con-tains all corporate nual and quarterly reports (and exhibits) filed with the Securi- ties and Exchange Commission

read the current issue

or browse through

Inc magazine’s

ex-tensive archives; and (2) interact with other entrepreneurs,

experts, and Inc

edi-tors

Trang 19

‘‘Ask the Lawyer’’ www.fairmeasures.com A web site that offers

practical advice for complying with em- ployee law and pre- venting lawsuits

features expert vice for small busi- nesses on topics such

ad-as sales and ing, technical, busi- ness financing, and tips on shopping for business products and services CareerBuilder www.careerbuilder.com Offers a database of

market-national job offerings

re-source professionals

to post jobs wide Provides refer- ence materials for human resource practitioners Monster Board www.monster.com Offers a variety of is-

world-sues, from hiring to staffing to other re- lated topics for human resource ex- ecutives

Interbiznet www.interbiznet.com

SHRM (Society for www.shrm.org Lists a variety of

professionals SBA Women in www.onlinewbc.gov Promotes the growth

businesses through programs that ad- dress business train- ing and technical assistance, and pro- vide access to credit and capital, federal contracts, and inter-

Trang 20

national trade tunities

oppor-American Society www.asaenet.org Represents

than 287 million ple and companies worldwide and ven- dors that offer prod- ucts and services to the association com- munity, and also is

peo-an advocate for the nonprofit sector

making money with their own business to find the best work from home business opportunity or part- time Internet busi- ness, and also pro- vides free tools, resources and articles

to help small nesses.

busi-Span Link Com- www.spanlink.com Provides systems

and services ranging from consulting to custom development

to integration to port.

sup-BusinessLink On- www.buslink.com Provider of

Switchboard www.switchboard.com Electronic telephone

white & yellow pages, maps, and city guides

pro-vides a link for necting people, companies, and in- dustries and offers unique blend of com-

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con-mentary, financial analysis, and access

to the leaders of emerging technolo- gies and markets Info Franchise www.infonews.com Provides information

franchisers, and being a franchisee.

Franchise Law Internet Resources

CCH Business Franchise Guide

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AAA, see American Arbitration Association

ADA, see Americans with Disabilities Act of 1990

Adcom Express, Inc et al v EPK, Inc., 47–48

ADEA (Age Discrimination in Employment Act of 1967),

304

Adelphia, 293

ADR, see alternative dispute resolution

Advanced Micro Devices, Inc v Intel Corp., 184

for transfer of franchise, 340–342

see also franchise agreement(s)

alliances, see strategic alliance(s)

Allied Domecq PLC, 16

alternative dispute resolution (ADR), 181–183

Amazon.com, 157

American Arbitration Association (AAA), 183–184, 189

American Bar Association, 189

Americans with Disabilities Act of 1990 (ADA), 85, 304

America’s Favorite Chicken (AFC), 168

area development agreements, 122–126, 130–133Argentina, 222, 227, 229

Arkansas, 334Arthur Andersen, 290, 293assignment, 114, 118A-1 steak sauce, 374attorneys’ fees, 111audits

fees for, 109intellectual property, 162–164performance, 199

trade secret, 147Australia, 222, 223Austria, 218, 230automated financial systems, 34Avis, 167, 317

A&W, 16, 317Azerbaijan, 229Bahamas, 227balance sheet, 80bankruptcy, 74Barnesandnoble.com, 157Baskin-Robbins, 16, 52, 173, 229, 394Belgium, 218, 222, 228, 230Ben & Jerry’s, 374, 394Berkshire Hathaway, Inc., 16Best Western, 354

binding arbitration, 184board of directors, 285–290establishment of, 285–287formal responsibilities of, 287–288guidelines for working with, 288–290Bogle, John, 293

Bolivia, 229bonding, 72bootstrap franchising, 244brand

and co-branding, 14, 19, 393–395and franchise system, 11–12brand-extension licensing, 144, 373–375brand names, 393–395

Brazil, 222, 223, 227, 229Bresler’s, 317

brokers, franchise, 73–74

Broussard v Meineke Discount Muffler Shops, Inc.,

240–241budget, 244–245

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Buffet, Warren, 16

Bulgaria, 228

Burger Chef, 166

Burger King, 16, 171

Burger King Corp v Stephens, 48

Burger King v C.R Weaver, 169

Bush, George W., 140

business and financial model, 15

business education skills, 31

business format franchises, 53

business model patents, 157

‘‘business opportunities,’’ 355–356

Business Opportunity Ventures, 61

cabinet agencies, OSDBU directors in, 411–415

and costs of franchising, 243–245

and debt financing, 251–254, 263–264

from factoring, 267–271

and IPOs, 254–263

from leasing, 264–267

and private placements, 245–248

and role of CFO, 299

and SBA programs, 263–264, 271–279

from venture capital, 248–250

CFO, see chief financial officer

character licensing, see merchandise and character

li-censing

Chicken Delight, 53

chief financial officer (CFO), 297–305

and employment law, 301, 303–305

and improving profitability of franchisee, 300–301

problems confronted by, 298–300

responsibilities of, 297–298

Chile, 227, 229

China, 140, 222, 224, 225

Cisco, 295

Civil Rights Act of 1964, 303, 304

Civil Rights Act of 1991, 305

Clark v America’s Favorite Chicken, 168

compliance (with quality control standards), 38, 148, see

also legal compliance

Comprehensive Environmental Response Compensation

and Liability Act (Superfund law), 323

computer systems, 77

confidentiality, 78, 111, 148, 151–152, 160–161, 310

Confidentiality and Nondisclosure Agreement, 148–151

conflicts, see disputes

Connecticut, 61, 178, 334, 356, 397consultants, 29

consulting agreement, special, 118consulting services

fees for, 109management, 43–44offering, 359consumer fraud regulations, 57Consumer Protection Credit Act, 76continuing fee, 109

contracts, 80convenience stores, 14conventions, 171Coolbrands Worldwide, 317cooperatives

franchise, 74, 75independent (co-ops), 352–354coordinated franchise review(CR-FRAN), 60Copyright Revision Act, 155–156copyrights, 155–156, 160–161corporate governance, 290–295Costa Rica, 227

Cost Cutters Family Hair Care, 46

Cottman Transmission Systems, Inc v Melody, 48

count-annexed arbitration, 184counterclaims, 178–179coupons, 57, 58covenants against competition, 111, 114, 309CPR Institute for Dispute Resolution, 189CR-FRAN (coordinated franchise review), 60CUC International, Inc., 317

culture, see organizational culture

customer loyalty, 12customers, test, 45–46Czech Republic, 228Dairy Queen, 16David/David partnering, 384David/Goliath partnering, 384Days Inn, 317

dealerships, 350–352debt financing, 251–254, 263–264defaults, curing of, 45, 64–65, 111Delaware, 334

Dell, 394Deloitte & Touche, 181Denmark, 218, 228, 230Denny’s, 16

descriptive marks, 136development fee, 123Diet Center, 171direct mail, 208disclosure documents, 62–63, 72–84amendments to, 93

choosing format for, 72–73data gathering for, 81–84and international franchising, 222–224items included in, 73–80

discovery, 174, 179, 180Disney, 384

disputes, 79, 165–190arbitration for resolution of, 183–187mediation for resolution of, 187–189moderated settlement conferences for resolution of,189–190

over accounting practices/procedures, 169–170over documentation, 173–174

over franchisee recruiting, 166–167over misuse of advertising funds, 170over quality control, 171–172over site selection/territorial rights, 167–169over small claims matters, 190

over supervision/support, 170–171over training for franchisor’s management and salesteam, 173

over transfers by franchisees, 172–173over unequal treatment, 172private judging for resolution of, 189

see also litigation

distance learning, 32

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