-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, PCd1i4Tt3PMtUhRXyTMQROlZFGN9PKa98nqzbgBQ/7Hc7n9hWjcPuqmpZuEVZo4F 9BoUsKpVn2Z7JrJVPx7NAQ== 0001157523-06-000679.txt : 20060126 0001157523-06-000679.hdr.sgml : 20060126 20060126080128 ACCESSION NUMBER: 0001157523-06-000679 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20060126 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20060126 DATE AS OF CHANGE: 20060126 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NIC INC CENTRAL INDEX KEY: 0001065332 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MANAGEMENT CONSULTING SERVICES [8742] IRS NUMBER: 522077581 STATE OF INCORPORATION: CO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26621 FILM NUMBER: 06551412 BUSINESS ADDRESS: STREET 1: 12 CORPORATE WOODS 10975 BENSON STREET STREET 2: SUITE 390 CITY: OVERLAND PARK STATE: KS ZIP: 66210 MAIL ADDRESS: STREET 1: 12 CORPORATE WOODS 10975 BENSON STREET STREET 2: SUITE 390 CITY: OVERLAND PARK STATE: KS ZIP: 66210 FORMER COMPANY: FORMER CONFORMED NAME: NATIONAL INFORMATION CONSORTIUM DATE OF NAME CHANGE: 19990618 FORMER COMPANY: FORMER CONFORMED NAME: NATIONAL INFORMATION CONSORTIUM INC DATE OF NAME CHANGE: 19990504 8-K 1 a5065082.txt NIC INC. 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 ---------- FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of Earliest Event Reported): January 26, 2006 ---------------- NIC INC. -------- (Exact name of registrant as specified in its charter) Colorado 000-26621 52-2077581 -------- --------- ---------- (State or other jurisdiction (Commission (I.R.S. Employer of incorporation or organization) File Number) Identification No.) 10540 South Ridgeview Road Olathe, Kansas 66061 -------------------- (Address of principal executive offices, including zip code) (877) 234-3468 -------------- (Registrant's telephone number, including area code) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION On January 26, 2006, NIC Inc. issued a press release announcing 2005 fourth quarter and fiscal 2005 earnings information. A copy of the press release is furnished with this report on Form 8-K as Exhibit 99. ITEM 7.01 REGULATION FD DISCLOSURE On January 26, 2006, NIC Inc. issued a press release announcing 2005 fourth quarter and fiscal 2005 earnings information. A copy of the press release is furnished with this report on Form 8-K as Exhibit 99. NIC will host a conference call, which will also be available by webcast, to discuss the 2005 fourth quarter and fiscal 2005 earnings information at 9:00 a.m., EDT, on January 26, 2006. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits 99 - Press release issued by NIC Inc. dated January 26, 2006, announcing 2005 fourth quarter and fiscal 2005 earnings information, furnished solely for purposes of incorporation by reference to Items 2.02 and 7.01 herein. -2- SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. NIC Inc. Date: January 26, 2006 /s/ Stephen M. Kovzan --------------------- Stephen M. Kovzan Vice President, Financial Operations Chief Accounting Officer -3- EX-99 2 a5065082ex99.txt EXHIBIT 99 Exhibit 99 NIC Announces Record Portal Revenues as Operating Income Rises 41 Percent in the Fourth Quarter OLATHE, Kan.--(BUSINESS WIRE)--Jan. 26, 2006--NIC Inc. (Nasdaq:EGOV) today reported net income of $2.4 million and earnings per share of four cents on total revenues of $16.4 million for the three months ended December 31, 2005. Continuing to meet strong demand for eGovernment services, NIC's core outsourced portal business contributed to a 41 percent increase in operating income over the same period last year. Operating income was $3.9 million in the fourth quarter, compared to $2.7 million a year ago. 4Q 2005 Operating Highlights ---------------------------- Three months ended December 31 (thousands) 2005 2004 Change ---- ---- ------ Portal Revenues $15,191 $12,180 25% Portal Cost of Revenues 8,020 6,558 22% ------- ------- Portal Gross Profit $7,171 $5,622 28% Portal Gross Profit % 47% 46% Operating Income $3,855 $2,732 41% Operating Income Margin % 24% 20% The Company posted net income of $1.7 million and earnings per share of three cents on total revenues of $13.6 million in fourth quarter 2004. Quarterly portal revenues of $15.2 million were the highest in the Company's history, up 25 percent over the prior year quarter. On a same state basis, portal revenues grew 13 percent in the fourth quarter, compared to a 22 percent increase during the same period a year ago. NIC's online hunting and fishing license, limited criminal history search, tax payment, and professional license renewal services performed well in the fourth quarter, helping same state revenues from non-driver record exchange (non-DMV) applications to rise 31 percent. Driven partially by the fourth quarter launch of the Colorado portal and a full quarter of revenues from the South Carolina portal, total DMV revenues grew 25 percent during the quarter. Same state DMV revenues rose 3 percent over fourth quarter 2004, reflecting an anticipated return to an inflation-adjusted growth rate following two consecutive years of DMV fee increases in various partner states. "Thanks to the hard work of our employees across the country, NIC continues to deliver in-demand eGovernment services to our 18 state partners as well as the citizens and businesses they serve," said Jeff Fraser, Chief Executive Officer of NIC. "At a time when residents expect government to provide a higher level of service at a lower cost, we are well-positioned to help our state partners meet these rising demands by building and managing new online government services." In the fourth quarter, NIC's portals launched 81 new non-DMV revenue-generating services and another 150 applications are in the development pipeline. "We now have more than a thousand unique eGovernment services in operation across our portals, and NIC will continue to focus on innovation as we expand our base of revenue-generating applications in the future," said Harry Herington, NIC's Chief Operating Officer. Revenues for the software and services business in the fourth quarter were $1.2 million, down 14 percent from the prior year quarter. Selling and administrative expenses for the fourth quarter were $3.1 million, up from $2.8 million in the prior year quarter. Selling and administrative expenses were 19 percent of revenue in the current quarter, down from 21 percent in the fourth quarter of 2004. NIC ended the year with approximately $57.4 million in cash and investments, up $9.2 million from September 30, 2005, and a $23.6 million increase from December 31, 2004. Full-Year 2005 Performance For fiscal year 2005, portal revenues rose 19 percent to $57.9 million and non-DMV revenues grew 37 percent over 2004. On a same state basis, portal revenues grew 17 percent and non-DMV revenues rose 41 percent. Selling and administrative expenses as a percentage of revenue were 21 percent in 2005, down from 22 percent in 2004. Operating income was $10.2 million for the year, down from $11.8 million in 2004. The Company earned 11 cents per share in 2005 (10 cents on a fully diluted basis), compared to 12 cents per share in 2004. Results for 2005 include a $5.0 million pretax charge recorded in the first quarter relating to NIC's software and services engagement with the California Secretary of State. Absent this charge, the Company would have posted operating income of $15.1 million (a 28 percent increase over 2004) and earnings per share of 16 cents in 2005 (15 cents on a fully diluted basis). 2005 Operating Highlights ------------------------- Twelve months ended December 31 (thousands) 2005 2004 Change ---- ---- ------ Portal Revenues $57,875 $48,544 19% Portal Cost of Revenues 29,448 24,866 18% ------- ------- Portal Gross Profit $28,427 $23,678 20% Portal Gross Profit % 49% 49% Operating Income $10,191 $11,800 (14)% Operating Income Margin % 17% 21% "Healthy portal growth and careful management of overhead expenses contributed to another strong year for NIC," said Eric Bur, NIC's Chief Financial Officer. "Several of our portals performed above expectations, which contributed to the 20 percent portal gross profit growth in 2005. Our portal gross profit percentage for 2005 remained constant at 49 percent, which reflects ongoing investments in our portal operations. We also continued to run a lean corporate office, with selling and administrative expenses rising just five percent year-over-year." Operating Highlights During the fourth quarter, the Company's portal operations were enhanced by the launch of its 18th self-funded eGovernment portal for the state of Colorado (www.Colorado.gov). Following a competitive bid process, NIC also secured a new agreement for up to five years to manage the state of Alabama's self-funded portal (www.Alabama.gov). "We welcome Colorado to the NIC family and thank Alabama for continuing its commitment to our successful partnership," concluded Fraser. First Quarter and Full-Year 2006 Outlook For first quarter 2006, NIC expects total revenues of $16.9 - $17.2 million, portal revenues of $16.1 - $16.3 million, and software and services revenues of $0.8 - $0.9 million. The Company also anticipates operating income between $3.9 - $4.1 million (which includes approximately $0.3 million in stock option expense) and net income of $2.4 - $2.6 million. For full-year 2006, NIC expects total revenues of $68.5 - $69.4 million, portal revenues of $65.9 - $66.5 million, and software and services revenues of $2.6 - $2.9 million. The Company also anticipates operating income between $14.7 - $15.2 million (which includes approximately $1.5 million in stock option expense) and net income of $9.3 - $9.6 million. "We expect another solid year of organic growth, with same state DMV revenues rising by 3 percent and non-DMV revenues rising by 20-25 percent," continued Bur. "Note that our projections do not include any new DMV fee increases or new contracts." "Portal margins should remain just shy of 50 percent in 2006 as we continue to reinvest in the portal business," said Bur. "Depreciation expense will be approximately $0.5 million higher than 2005 as a result of increasing capital investment in our portals. We also expect selling and administrative expenses to range from 21-22 percent of revenue in 2006, which reflects higher investment in sales and marketing to drive future growth opportunities." "As a result, we expect annual operating income margins of 21-22 percent in 2006," concluded Bur. Fourth Quarter Earnings Webcast Details Thursday, January 26, 2006 9:00 a.m. (EST) Call leaders: Jeff Fraser, Chief Executive Officer Eric Bur, Chief Financial Officer Harry Herington, Chief Operating Officer To sign in and listen: The Webcast system is accessible at www.nicusa.com/investor. Some users may need to refresh their browsers to view the Webcast information. A replay of the Webcast will be available until 5:00 p.m. (EDT) on April 26, 2006, by visiting www.nicusa.com/investor. An audio replay of NIC's fourth quarter earnings call will be available until 11:00 p.m. (EST) on February 2 by dialing 800-405-2236 and using passcode 11050851. NIC's earnings announcements are also available via podcast download. For more information, visit www.nicusa.com/investor. About NIC NIC manages more eGovernment services than any provider in the world. The company is helping governments communicate more effectively with citizens and businesses by putting essential services online. NIC provides eGovernment solutions for 2,000 state and local agencies that serve more than 60 million people in the United States. Additional company information is available at www.nicusa.com. The statements in this release regarding continued implementation of NIC's business model and its development of new products and services are forward-looking statements. There are a number of important factors that could cause actual results to differ materially from those suggested or indicated by such forward-looking statements. These include, among others, the success of the Company in signing contracts with new states and government agencies, including continued favorable government legislation; NIC's ability to develop new services; existing states and agencies adopting those new services; acceptance of eGovernment services by businesses and citizens; competition; and general economic conditions and the other important cautionary statements and risk factors described in NIC's 2004 Annual Report on Form 10-K/A filed on March 16, 2005, and in its most recent Quarterly Report on Form 10-Q, filed on November 9, 2005, with the Securities and Exchange Commission. NIC Inc. FINANCIAL SUMMARY (UNAUDITED) Thousands except for per share amounts Three months ended Twelve months ended December 31, December 31, 2005 2004 2005 2004 ---- ---- ---- ---- Revenues: Portal revenues $15,191 $12,180 $57,875 $48,544 Software & services revenues 1,196 1,397 1,367 7,218 ------ ------ ------ ------ Total revenues 16,387 13,577 59,242 55,762 ------ ------ ------ ------ Cost of revenues: Cost of portal revenues, exclusive of depreciation & amortization 8,020 6,558 29,448 24,866 Cost of software & services revenues, exclusive of depreciation & amortization 906 1,134 5,348 5,583 Selling & administrative 3,145 2,788 12,652 12,018 Depreciation & amortization 461 365 1,603 1,495 ------ ------ ------ ------ Total operating expenses 12,532 10,845 49,051 43,962 ------ ------ ------ ------ Operating income 3,855 2,732 10,191 11,800 ------ ------ ------ ------ Other income (expense): Interest income 272 41 705 116 Interest expense - - - (11) Equity in net loss of affiliates - - - (109) Other income (expense), net - - (3) 14 ------ ------ ------ ------ Total other income (expense) 272 41 702 10 ------ ------ ------ ------ Income before income taxes 4,127 2,773 10,893 11,810 Income tax provision 1,724 1,045 4,530 4,705 ------ ------ ------ ------ Net income $2,403 $1,728 $6,363 $7,105 ====== ====== ====== ====== Basic earnings per share $0.04 $0.03 $0.11 $0.12 ====== ====== ====== ====== Diluted earnings per share $0.04 $0.03 $0.10 $0.12 ====== ====== ====== ====== Weighted average shares outstanding: Basic 60,793 59,270 60,079 58,988 ====== ====== ====== ====== Diluted 61,660 60,652 61,094 60,877 ====== ====== ====== ====== Key Financial Metrics: Revenue growth - outsourced portals 25% 18% 19% 21% Same state revenue growth - outsourced portals 13% 22% 17% 20% Revenue growth - software & services (14%) (37%) (81%) (32%) Gross profit percentage - outsourced portals 47% 46% 49% 49% Gross profit percentage - software & services N/A(a) 19% N/A(a) 23% Selling & administrative costs as a percentage of revenue 19% 21% 21% 22% Operating income margin percentage 24% 20% 17% 21% (a) Metric not meaningful due to the $5.0 million charge for the California Secretary of State engagement in the first quarter of 2005. Portal Revenue Analysis (thousands) DMV transaction-based $9,221 $7,384 $35,630 $30,498 Non-DMV transaction-based 5,408 4,165 20,145 14,656 Software development & portal management 562 631 2,100 3,390 ------ ------ ------ ------ Total $15,191 $12,180 $57,875 $48,544 ====== ====== ====== ====== NIC Inc. CONSOLIDATED BALANCE SHEETS (UNAUDITED) Thousands except for share amounts December 31, December 31, 2005 2004 ---- ---- ASSETS Current assets: Cash and cash equivalents $36,902 $30,769 Cash and cash equivalents - restricted - 3,000 Marketable securities 20,500 - Trade accounts receivable 22,269 17,610 Unbilled revenues 2,198 3,400 Deferred income taxes 421 433 Prepaid expenses & other current assets 1,632 1,312 ------- ------- Total current assets 83,922 56,524 Property and equipment, net 3,327 2,603 Unbilled revenues 1,395 2,404 Deferred income taxes 28,916 31,274 Other assets 285 266 ------- ------- Total assets $117,845 $93,071 ======= ======= LIABILITIES AND SHAREHOLDERS' EQUITY Current liabilities: Accounts payable $24,458 $14,394 Accrued expenses 6,642 6,266 Application development contracts 1,261 - Other current liabilities 317 151 ------- ------- Total current liabilities 32,678 20,811 ------- ------- Commitments and contingencies - - Shareholders' equity: Common stock, no par, 200,000,000 shares authorized 61,073,595 and 59,301,375 shares issued and outstanding - - Additional paid-in capital 207,444 200,921 Accumulated deficit (122,093) (128,456) ------- ------- 85,351 72,465 Less treasury stock (184) (205) ------- ------- Total shareholders' equity 85,167 72,260 ------- ------- Total liabilities and shareholders' equity $117,845 $93,071 ======= ======= NIC Inc. CASH FLOW SUMMARY (UNAUDITED) Thousands Three months ended Twelve months ended December 31, December 31, 2005 2004 2005 2004 ---- ---- ---- ---- Cash flows from operating activities: Net income $2,403 $1,728 $6,363 $7,105 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation & amortization 461 365 1,603 1,495 Application development contracts (77) - 1,261 (465) Deferred income taxes 1,641 1,073 4,151 4,331 Equity in net loss of affiliates - - - 109 Changes in operating assets and liabilities (Increase) decrease in trade accounts receivable 49 1,131 (4,659) 262 (Increase) decrease in unbilled revenues (781) (995) 2,211 2,599 (Increase) decrease prepaid expenses & other current assets (226) (31) (320) 44 (Increase) decrease in other assets (95) 26 (19) 22 Increase (decrease) in accounts payable 3,559 57 10,064 (1,951) Increase in accrued expenses 678 189 376 1,021 Increase (decrease) in other current liabilities 201 36 166 (7) ------- ------- ------- ------- Net cash provided by operating activities 7,813 3,579 21,197 14,565 ------- ------- ------- ------- Cash flows from investing activities: Purchases of property and equipment (1,024) (202) (2,327) (1,189) Purchases of marketable securities (4,600) - (35,500) - Maturities of marketable securities - - 15,000 250 Proceeds from sale of affiliate - - - 300 ------- ------- ------- ------- Net cash used in investing activities (5,624) (202) (22,827) (639) ------- ------- ------- ------- Cash flows from financing activities: Cash and cash equivalents - restricted - - 3,000 2,363 Payments on note payable - - - (363) Proceeds from employee common stock purchases - - 122 117 Proceeds from exercise of employee stock options 2,414 135 4,641 1,186 ------- ------- ------- ------- Net cash provided by financing activities 2,414 135 7,763 3,303 ------- ------- ------- ------- Net increase in cash and cash equivalents 4,603 3,512 6,133 17,229 Cash and cash equivalents, beginning of period 32,299 27,257 30,769 13,540 ------- ------- ------- ------- Cash and cash equivalents, end of period $36,902 $30,769 $36,902 $30,769 ======= ======= ======= ======= CONTACT: NIC Inc. Chris Neff, 435-645-8898 cneff@nicusa.com -----END PRIVACY-ENHANCED MESSAGE-----