N.Y. Comp. Codes R. & Regs. tit. 5 § 25.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 25.3 - Cost-sharing requirements for technical assistance services

(a) The department shall require an industrial firm or group of industrial firms, or purchasing group in the case of a local buy out, to cost-share industrial effectiveness technical assistance as follows:

(1) for preliminary feasibility studies and preliminary productivity assessments, the firm or group shall pay at least 25 percent of the total cost in cash or through in-kind services according to a schedule established by the department;

(2) for full feasibility studies and full or limited productivity assessments, other than short- term management consulting services, the firm or group shall pay at least 50 percent of the total cost in cash or through in-kind services according to a schedule established by the department; and

(3) for limited productivity assessments involving short-term management consulting services, the firm or group shall pay at least 50 percent of the total cost in cash.

(b) Total cost, for purposes of calculating the cost sharing shall:

(1) include all reasonable and necessary costs incurred in the course of assistance, including but not limited to direct and indirect costs to the State related to professional services of staff and outside consultants, plus the value of services to be provided by the firm, group of firms or purchasing group which are not a part of employees' ordinary duties and services; and

(2) exclude costs of State assistance in assisting a firm, group of firms or purchasing group to qualify or prepare an application for assistance, selecting consultants, preparing cost-sharing service agreements, and providing general information to applicants.

(c) A firm, group of firms or purchasing group that intends to provide in-kind services to fulfill its matching requirement shall submit to the department a statement of the type of in-kind service to be provided, why it is essential for purposes of the project, the estimated value of the services, and the expertise and background of individuals designated to perform the in-kind services.

(d) In the case of a preliminary or full feasibility study for a local buy out which is subsequently consummated, the purchasing group or firm must repay with interest the State's contribution to such study. Such repayment shall be made at either the closing date of the acquisition or within one year from the date of final disbursement of funds, whichever is later.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 25.3