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.

Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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