New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter LXVII - New York State Science And Technology Foundation
Part 5905 - Small Business Innovation Research Program
Section 5905.8 - State research contract awards and payments
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 5905.8
Current through Register Vol. 46, No. 52, December 24, 2024
The foundation shall make State research contract awards to qualified firms in accordance with the following provisions:
(a) A State research contract shall be awarded in an amount equal to the Federal Phase I SBIR award or $50,000, whichever is less, provided, however:
(1) In
the event that the foundation anticipates that the total amount of all
contracts in any State fiscal year will exceed the amount appropriated to the
foundation for this purpose, the foundation may determine the appropriate ratio
of State dollars which shall be matched to Federal dollars and applied equally
to every State research contract executed by the foundation with the following
conditions:
(i) the foundation shall reserve
the right to revise the ratio at any time to ensure that the total amount of
all contracts shall not exceed the amount appropriated to the foundation for
this purpose, and to ensure that State research award contracts shall match, in
amount, a qualified firm's Federal SBIR Phase I research award to the fullest
extent possible. The foundation shall continually monitor announcements of new
Federal SBIR Phase I awards and firm performance during Phase I projects to be
adequately informed of changes in funding requirements and to make necessary
ratio adjustments; and
(ii) the
foundation shall reserve the right to limit a qualified firm to one State
research contract.
(b) The foundation shall not disburse any moneys unless and until the following have been submitted:
(1) a copy of the firm's complete Federal
SBIR Phase I final report, together with evidence from the Federal agency that
it has been properly submitted;
(2)
a copy of the firm's complete Federal SBIR Phase II application, together with
evidence from the Federal agency that it has been properly submitted;
(3) a satisfactory State research plan
describing the anticipated research to be performed under the State research
contract, including:
(i) the technical
objectives to be met by the State-supported research;
(ii) the research approach, or work plan, to
achieve the technical objectives of the project;
(iii) a proposed budget outlining the
expenditures anticipated by the firm in performing the State-supported
research. The firm's proposed budget for the State research contract must
allocate the same amounts for overhead and general and administrative costs,
and include the same wage rates in specific categories of expenditures when
compared against the firm's Federal Phase I SBIR award, unless the firm can
show other government approved rates currently in effect. Notwithstanding the
foregoing, rates may not be in excess of $25 per hour for wages, 100 percent
for overhead, and $400 per day for consultants. Fee and/or profit is not
reimbursable by the foundation.
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