(a) Application. - (i) The 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 the Council online at a website provided by the Council.
(b) Application process, procedure and approval. Applications are received on a rolling basis and will be reviewed in the month following the month of application submission 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 as designated by the Council, has the sole discretion to make award decisions based upon these rules and W.S. § 9-12-105(d). The Council, or Council Staff as designated by the Council, may consult with subject matter experts for assistance and advice in making funding decisions.
- (iii) Following the Council's decision, or the decision of Council Staff if so designated by the Council, requests for funding will be routed through the Governor or the Governor's designee for approval. The Council will thereafter submit the invoice for payment to the State Auditor's Office. Payments shall be made to awardees within forty-five (45) days after submission of the invoice per W.S. § 16-6-602 and shall follow the disbursement schedule provided in the startup: Wyoming Subaccount Allocation Plan and Supplemental Procedures adopted by the Council.
(c) Agreement template. In consultation with the Attorney General's Office, the Council shall prepare a template for all agreements between itself and potential awardees of SBIR funds and shall submit the template to the Attorney General's Office for approval. Following approval by the Attorney General's Office, the Council shall use this template for all such agreements, and shall not deviate from the template without approval from the Attorney General's Office. The Council shall, on an annual basis, resubmit the template to the Attorney General's Office for updates and approval.
(d) Award amounts, disbursement schedules, and annual allocations. - (i) Number of awards.
- (A) The Council, in its sole discretion, may make up to twenty (20) Phase I awards per fiscal year.
- (B) The Council, in its sole discretion, may make up to twenty (20) Phase II awards per fiscal year.
- (C) The Council, in its 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.
(e) Reporting. - (i) Awardees shall provide a report on or before July 1 of each year for two (2) years after an award is granted prior to commercialization, and for three (3) years after commercialization, for a maximum of five (5) years.
- (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) Suggestions for continuous improvement to State programs for startups ; and
- (F) Maintenance of nexus in Wyoming that is substantial and continuous. To prove nexus, awardee must provide the following:
- (I) Documentary evidence showing the majority of the awardee's employees work in Wyoming; and
- (II) A multimedia narrative of the Wyoming lifestyle of its employees leveraging social media resources.
- (iii) An awardee must provide material to the Council, or Council Staff as designated by the Council, as requested for purposes of promoting Wyoming's entrepreneurial ecosystem and lifestyle.
(f) 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.
Adopted, Eff. 11/19/2018.