Wyo. Code R. 085-0013-1
Small Business Innovation Research Matching Program
Chapter 1: Small Business Innovation Research Matching Program
Effective Date: 07/05/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 085.0013.1.07052023
Section 1. Authority. The Wyoming Business Council, pursuant to Wyoming Statute § 9-12-105(d), is required to promulgate such rules as are necessary to administer a Small Business Innovation Research (SBIR) program to match federal funds approved for Wyoming companies conducting research and development activity in the State.
Section 2. Purpose. These rules are promulgated for the purpose of establishing a regulatory framework for providing matching funding to small businesses headquartered in and organized under the laws of Wyoming that have received federal funds for the purpose of research and development.
(a) As used in this chapter:
(i) 'Council' means the Wyoming Business Council Board of Directors.
(ii) 'Council Staff' means the staff of the Wyoming Business Council assigned to administer the SBIR program.
(iii) 'Applicant' means a Wyoming based company that applies for funding under the SBIR program.
(iv) 'Awardee' means a business entity or individual who has been awarded funds under the SBIR program.
(v) 'Phase I award' is as specified by the federal granting agency.
(vi) 'Phase II award' is as specified by the federal granting agency, including variations or related programs of Phase II federal programs.
(a) In addition to the statutory requirements under W.S. § 9-12-105(d), to be eligible, an applicant must:
(i) Have received an SBIR or Small Business Technology Transfer (STTR) Phase I or II award from a federal agency targeted at the development of qualified research or technologies on or after July 1, 2018;
(ii) Be a for-profit partnership, limited liability company, limited liability partnership, or corporation registered with the Wyoming Secretary of State;
(iii) Agree to provide a report, as described in Section 5(e), describing in detail its efforts to and success in commercializing the service, product, concept, design or other marketable asset to be developed with the assistance of State funds;
(iv) Produce or propose to produce a service, product, concept, design or any other marketable asset that aligns with the State of Wyoming's Economic Development Strategy;
(v) Certify that, to the extent practical, all of the research described in any proposal for Phase I or Phase II funding will be conducted in Wyoming; and
(vi) Commit to seeking additional investment funding investment funding, whether from federal or private sources.
(vii) Additional eligibility requirements may be outlined in the SBIR matching grant program guidelines.
(b) Awardees are limited to one (1) award per phase under this chapter per fiscal year (July 1 through June 30), for a maximum of two (2) SBIR awards per year, and four (4) SBIR awards over the life of the company.
(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.
(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.
Section 6. Program administration. The Council may designate Council Staff to approve applications and make award decisions. If the Council chooses to designate Council Staff with this responsibility, Council Staff shall make a quarterly report to the Council on the number of applications approved, the status of the approved applications, and the amount of funds distributed to awardees.