Science and Technology Initiation Grant Terms and Conditions
SUBMITTED APPLICATION CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. USTAR RESERVES THE RIGHT TO REVOKE OR ADJUST ANY GRANT UPON VIOLATION OF THE TERMS AND CONDITIONS.
PURPOSE: The Science and Technology Initiation Grant (STIG) is intended to assist researchers at Utah’s universities in developing preliminary data or proof of concept experimentation in order to compete for large federal grants or private funding. (i.e. foundation or nonprofit) STIG resources are not available for targeting SBIR/STTR funding. An outside review panel will review all complete applications. Funding will be dependent on meeting milestones and continued USTAR appropriations.
BINDING AGREEMENT: In order to participate in the STIG program, applicant must agree to these Terms and Conditions and the USTAR statute and administrative rules. Applicant agrees that submission of an application constitutes such agreement. These Terms and Conditions form a binding legal agreement between applicant and the Utah Science, Technology and Research Initiative (“USTAR”) with respect to submitting a STIG application.
APPLICATION DEADLINES: STIG applications are accepted on an ongoing basis and will be reviewed quarterly. Applications are available on USTAR’s website and in hard copy form upon request.
AUTHORITY: STIG is administered and funded by USTAR, a Utah State Entity located at 60 East South Temple, 3rd Floor, Salt Lake City, UT 84111, pursuant to authority granted under Utah Code § 63M-2-202.
GENERAL REQUIREMENTS FOR PROPOSALS: USTAR will evaluate applications to ensure that they meet all requirements specified below. USTAR reserves the right, in its sole discretion, to disqualify any applicant who does not meet these and all other STIG requirements. Incomplete entries or entries not complying all program requirements are subject to disqualification.
- Proposal must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the application and supporting statement are created.
- Proposal must not be objectionable to the interests of State of Utah. In its evaluation, USTAR will take into consideration general standards of decency and respect for the diverse beliefs and values of the citizens of Utah.
- Proposal must be original and not contain, incorporate or otherwise use any content, material or element that is owned by a third party or entity.
- Proposal must not contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights.
- Without explicit approval, proposal and its elements must not be the subject of any actual or threatened litigation or claim. If this is the case, Applicant must disclose, in writing, the facts surrounding any potentially relevant disputes.
- Proposal must not include a request or budget for payment of university facilities and administrative (“F&A”) expenses, “overhead” costs, or any other indirect costs based on projections, estimates, percentages, or formulas. Grant funding will only be awarded for costs actually incurred by and specifically attributable to the individual project described in the proposal.
ELIGIBILITY: STIG is open to individual researchers or research teams employed by a college, university, or other public or not-for-profit higher education institution with its primary location in Utah. Proposal must be at a Technology Readiness Level (TRL) of 1-3. Proposals of individual researchers or research teams applying for STIG must fall under a targeted industry sector. Approved industry sectors are specified in the STIG Program Announcement. Additionally, applicant must obtain a cost sharing commitment its university to provide a matching contribution in the form of direct payment or “in-kind” contribution.
For applicants to be considered for STIG, applications must be complete (as determined by USTAR). Any submission not meeting this criteria will be disqualified. USTAR accepts no responsibility for applications lost, delayed, damaged, defaced, or mislaid, howsoever caused. USTAR representatives may contact an applicant for customer service purposes. By participating, all participants agree to receive phone calls and emails from USTAR. Participation does not require payment in any form. Application must meet all requirements. Failure to abide by the program requirements will result in revocation or adjustment of any grant provided under these Terms and Conditions. USTAR reserves the right to require grantee to pay back all or part of any funding received in the event of a violation of these Terms and Conditions or other STIG policies.
EVALUATION AND EVALUATION CRITERIA: An independent panel of subject matter experts will use a scoring system to evaluate and rank grant applications and determine grant amounts. The scoring system will be designed to assess and compare each applicant across several categories, which may include: technical merit of proposal; appropriate technology readiness level (TRL 0-3); whether proposal involves a collaboration between researchers at more than one university; whether the proposal involves a collaboration between researchers in more than one discipline; competitiveness of the proposed project and team for the target grant; potential future economic benefit to the state; reasonableness of the proposed budget, including whether the amounts are appropriate for the work proposed; reasonableness of proposed milestones and timelines; or any other factor indicative of applicant’s ability to produce measurable and timely impacts on the state in areas related to the economic development performance.
GRANT AWARD: Subject to these Terms and Conditions, decisions are final and binding. Funding is contingent on mutual agreement to the terms of USTAR’s STIG contract and to such contract’s scope of work and milestones. If a potential grantee is unable for whatever reason to accept his or her funding, then USTAR reserves the right to award the funding to another applicant. Funding will be provided to successful applicants in the form of reimbursements of qualified expenses as outlined by contract.
SELECTION AND NOTIFICATION: Potential grantees are subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Official Terms and Conditions. All program requirements will be strictly enforced. Grantees will be selected and notified by telephone and/or email, at USTAR’s discretion.
REPORTING AND PUBLICITY: During the grant period and for at least 5 years following the initial receipt of STIG funds, grantees will be required to report to USTAR or a USTAR-designated 3rd party the following information, as applicable: amount and source of funding other than USTAR funding expended on a STIG-supported technology, a copy of any related technology disclosures filed with the university, a copy of any related patent filings, a copy of any related license agreements, publications regarding the technology, the number of jobs within the university supported by development of the technology, and any other information reasonably requested by USTAR. If the university licenses out or otherwise transfers an interest in a STIG-supported technology, the university must require the licensee/interest-holder entity to provide the following information to USTAR, as applicable: public or private investment received by the licensee to support the technology, amount of sales and revenue generated by the technology, the number of jobs created by the entity, and the location of the entity.
By participating in STIG, applicants agree to participate in any media or promotional activity resulting from STIG as reasonably requested by USTAR and agree and consent to use of their name and/or likeness by USTAR. USTAR will contact applicants in advance of any media requests for interviews. USTAR reserves the right to publish the name and likeness of grantees on its website or through other media for publicity purposes.
GENERAL CONDITIONS: All federal, state, and local laws and regulations apply. USTAR reserves the right to disqualify any applicant from STIG if, in USTAR’s sole discretion, it reasonably believes that the Applicant has attempted to undermine the legitimate operation of STIG by cheating, deception, misrepresentation or other unfair playing practices or annoys, abuses, threatens or harasses any other applicants, USTAR, or its affiliates.
TAXES AND OTHER REQUIREMENTS: Awards of funding to potential grantees are subject to the express requirement that they submit to USTAR all documentation requested by USTAR to permit it to comply with all applicable laws and regulations. To the extent permitted by law, all taxes imposed on funding are the sole responsibility of the grantees. To receive funding, grantees must submit tax documentation requested by USTAR or otherwise required by applicable law, to USTAR or a representative for USTAR or the relevant tax authority, all as determined by applicable law. The grantee is responsible for ensuring compliance with all the applicable tax laws and filing requirements. If a grantee fails to provide such documentation or comply with such laws, USTAR may terminate the grant.
WARRANTY AND INDEMNITY: Applicants warrant that their applications are their own original work and, as such, they are the sole and exclusive owner and rights holder of any associated technologies and that they have the right to submit the application and grant all required licenses. Each applicant agrees not to submit an application that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law. To the maximum extent permitted by law, applicant indemnifies and agrees to keep indemnified USTAR at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the applicant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, applicant agrees to defend, indemnify and hold harmless USTAR from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from: (i) the application or other material provided by applicant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by applicant in connection with STIG; (iii) any non-compliance by applicant with these Terms and Conditions; (iv) claims brought by thirds persons or other entities arising from or related to applicant’s involvement with STIG; (v) acceptance, possession, misuse or use of grant funding or participation in any related activity; (vi) any malfunction or other problem with the application portal or website in relation to the participation in STIG by applicant; (vii) any error in the collection, processing, or retention of application or information in relation to the application and participation in STIG by applicant; or (viii) any typographical or other error in the printing, offering or announcement of any funding in relation to the application and participation in the program by applicant.
INTELLECTUAL PROPERTY RIGHTS AND RECORDS ACCESS: As between USTAR and the applicant, the applicant retains ownership of all intellectual property rights in and to its technologies. Applicant agrees to file a business confidentiality statement as part of the application as required by Utah’s Government Records Access and Management Act (Utah Code § 63G-2). USTAR will classify information as required by law.
PRIVACY: Applicants agree and acknowledge that personal data submitted with an application, including name, mailing address, phone number, and email address may be collected, processed, stored and otherwise used by USTAR and its affiliates for the purposes of conducting and administering STIG.
CONFLICT OF INTEREST: Each applicant must disclose to USTAR any potential conflict of interest in accepting grant funding. USTAR reserves the right to deny or terminate grant funding based on conflict of interest.
ELIMINATION: Any false information provided within the context of STIG by applicant concerning identity, mailing address, telephone number, email address, ownership of right, state of research, TRL, or non-compliance with program requirements may result in the denial or termination of STIG funding or other USTAR funding.
INTERNET AND DISCLAIMER: USTAR is not responsible for any malfunction of any part of the USTAR website or application portal or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed applications due to USTAR errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or USTAR/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the USTAR website or application portal, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit applicant’s/consumer’s ability to participate respectively. USTAR is not responsible for the policies, actions, or inactions of others, which might prevent applicant from participating and/or claiming funding in STIG. USTAR’s failure to enforce any program requirement will not constitute a waiver of that or any other provision. USTAR reserves the right to disqualify applicants who violate the Terms and Conditions or interfere with STIG in any manner. If an applicant is disqualified, USTAR reserves the right to terminate that applicant’s eligibility to participate in STIG.
RIGHT TO CANCEL, MODIFY OR DISQUALIFY: If for any reason the STIG program is not capable of running as planned, including technical failures, loss of legislative funding, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of STIG, USTAR reserves the right at its sole discretion to cancel, terminate, modify or suspend the program.
NOT AN OFFER OR CONTRACT OF EMPLOYMENT: Under no circumstances shall the submission of an application into STIG, the awarding of a funding, or anything in these Official Terms and Conditions be construed as an offer or contract of employment with USTAR or its affiliates. Applicants acknowledge that they submitted their application voluntarily and not in confidence or in trust. Applicants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between applicant and USTAR or its affiliates and that no such relationship is established by submission of an application under these Official Terms and Conditions.
FORUM AND RECOURSE TO JUDICIAL PROCEDURES: These Official Terms and Conditions shall be governed by, subject to, and construed in accordance with the laws of the State of Utah, United States of America, excluding all conflict of law Terms and Conditions. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. If any provision(s) of these Official Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. To the extent permitted by law, the rights to litigate, seek injunctive relief or make any other recourse to judicial or any other procedure in case of disputes or claims resulting from or relating to STIG are hereby excluded, and applicants expressly waive any and all such disputes or claims.
August 8, 2017