Wyoming Administrative Code
Agency 085 - Business Council
Sub-Agency 0013 - Small Business Innovation Research Matching Program
Chapter 1 - SMALL BUSINESS INNOVATION RESEARCH MATCHING PROGRAM
Section 1-5 - Application process
Universal Citation: WY Code of Rules 1-5
Current through September 21, 2024
(a) Application.
(i) Council shall
provide an SBIR application online that includes a requirement to provide
information relevant for funding decisions, including but not limited to
information that establishes the applicant's eligibility for SBIR
funding.
(ii) Each applicant shall
file its application for SBIR funds with Council Staff online at a website
provided by Council Staff.
(b) Application process, procedure and approval. Applications are received on a quarterly basis and reviewed in the following manner:
(i) Council Staff reviews
to ensure accuracy, eligibility and completeness, and provides a recommendation
based upon these rules and W.S. §
9-12-105(d).
(ii) The Council or Council Staff has the
sole discretion to make award decisions based upon these rules and W.S. §
9-12-105(d). The
Council or Council Staff may consult with subject matter experts for assistance
and advice in making funding decisions.
(c) Award amounts, disbursement schedules, and annual allocations.
(i)
Number of awards.
(A) Council Staff, in their
sole discretion, may make up to twenty (20) Phase I awards per fiscal
year.
(B) Council Staff, in their
sole discretion, may make up to twenty (20) Phase II awards per fiscal
year.
(C) Council Staff, in their
sole discretion, may award up to five million dollars ($5,000,000.00) in total
SBIR awards per fiscal year.
(ii) Disbursement schedules and annual
allocations to this program are detailed in the startup:Wyoming Subaccount
Allocation Plan and Procedures adopted by the Council.
(d) Reporting.
(i) Upon project completion, awardees shall
provide a report on or before July 1 of each year for three (3) years prior to
commercialization, and for three (3) years after commercialization, or a
maximum of five (5) years, highlighting the elements
required under Wyoming Statute §
9-12-105(d)(i)(E).
(ii) In addition to the elements required
under Wyoming Statute §
9-12-105(d)(i)(E),
the required annual report to the Council must address the awardee's:
(A) Development of the proposed service,
product, concept, design or other marketable asset in sufficient detail to
allow Council Staff to review the awardee's progress towards
commercialization;
(B) Progress
toward seeking and receiving additional funding, whether from State, federal or
private sources;
(C) Plans for
growth, market, commercialization and capitalization for the upcoming
year;
(D) Proof of proper use of
funds in the form of receipts or invoices;
(E) Maintenance of nexus in Wyoming that is
substantial and continuous. To prove nexus, awardee must provide documentary
evidence showing the majority of the awardee's employees work in
Wyoming.
(iii) An
awardee must provide material to the Council or Council Staff as requested for
purposes of promoting Wyoming's entrepreneurial ecosystem and
lifestyle.
(iv) Additional
reporting requirements may be outlined in the SBIR matching grant program
guidelines.
(e) Allowable use of funds; consequence for misuse of funds and repayment.
(i) Funds may be spent on materials or
activities that facilitate development or commercialization of a company's
service, product, concept, design or any other marketable asset. Any other use
of State-provided SBIR funds is prohibited.
(ii) In addition to the repayment requirement
under W.S. §
9-12-105(d)(iv),
the Council may seek return of the disbursed funds if it at any time determines
that an awardee has failed to submit any part of the required annual report,
including disclosure of its efforts to seek additional nonstate investment
funding; has made a prohibited use of the funds; or has breached the agreement
between itself and the Council. In that instance, the grant recipient shall
repay all funds provided under this chapter plus interest at the rate of four
percent (4%) per annum compounded annually from the date the funds were
granted. This provision is in addition to, and does not replace, any other
potential cause of action the Council may have against the awardee based on its
conduct.
(f) Conflict with federal rules
(i) To the extent these
rules are inconsistent with or otherwise conflict with rules for the federal
grant program under which the Applicant has received federal funds, the
contrary rules and requirements of the federal program shall control. This
provision shall not apply if the conflict results from a statutory
provision.
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