SECTION 315: Gifts, Grants or Contracts
Last updated: September 2008
I. Sponsored Research
- Basic Policies for Administration
- Research projects should be developed consistent with the University's
goals.
- Sponsored research should be accepted only if appropriate time, space
and facilities can be made available. Provisions should be made for
continuity of support in order to stabilize required staff.
- The University should retain the rights of first publication
for its scholars.
- The complete cost of the research should be determined. If grants or
contracts are accepted which do not cover all of the direct and
indirect costs, the department/college may be asked to provide the
additional financial support with the full recognition that it is
making a contribution to the cost of the work.
- Research projects should conform to established University
patent policy (see "Supplementary
Statement Regarding Disposition of Patents" at end of section).
- Proposal
- The proposal, which is generally developed in the department, should
establish the terms and conditions for the provision of funds and
the performance of research. Before the final draft of the proposal
is completed, the budget should be reviewed by the Office of Contract
and Grant Administration, for conformity with policies on such matters
as allowable direct and indirect costs.
- Direct costs involve expenditures that are directly related to
a project such as salaries, supplies and services, and purchases
of equipment. Indirect costs, also referred to as overhead or Facilities and
Administrative costs (F&A), involve administrative services, maintenance
and operation of physical facilities and other expenditures that cannot
readily be related directly to the research project. Indirect
costs are computed by multiplying a fixed percentage, which is negotiated
with the federal government, times the total direct costs excluding
equipment items, the tuition piece of graduate fringes, and the portion
of each subcontract which exceeds $25,000. Only the Vice President for
Finance and Operations can negotiate indirect cost rates on behalf of
the University.
- The proposal should not be submitted to an outside agency before it is
approved by the unit administrator, dean, and Contract and Grant
Administration.
- If human subjects are involved in the proposed research, approval by the
University Committee on Research Involving Human Subjects is
required before an account number can be assigned.
- If animals are to be used in the proposed research, approval by the
Committee on Animal Facilities and Care is required before an account
number can be assigned.
- Proposals which call for use of radioactive isotopes, some forms of
recombinant DNA, or hazardous organisms or chemicals require approval
of the appropriate committee.
- Proposals to do sponsored research or education projects overseas
require approval by the Dean of International Studies and Programs.
- Proposals involving new space, alterations, or renovations of existing
space and/or facilities require approval of the Office of Facilities
Planning and Space Management.
- Proposals to foundations, including private foundations such as Rockefeller
Foundation, W.K. Kellogg Foundation, etc., and corporate foundations such as
the Ford Motor Company Fund, the Chrysler Fund, the General Motors Foundation, etc.,
requesting more than $20,000 must be cleared by the Office of Corporate and Foundation
Relations.
- One copy of the proposal should be prepared for each person signing the
transmittal sheet in addition to those required by the sponsoring
agency.
- A "Transmittal Sheet for Request for Contract, Grant or Gift
Support" (see
exhibit, 315-A)
should be completed and submitted with the proposal through appropriate
channels as mentioned above, reaching Contract and Grant Administration
after all other approvals have been obtained. A web version of the
Transmittal (eTransmittal) is available at:
www.cga.msu.edu
- Sufficient time for processing within the University should be allowed
so that Contract and Grant Administration has two days to review
the proposal. Electronic proposals, such as
Grants.gov, should be forwarded to CGA
five (5) working days prior to the agency deadline to ensure CGA has time to
submit, and if required resubmit the proposal after correction of various agency
electronic validations.
- Mailing of the proposal is the responsibility of the department.
- Cooperative Research Agreement
- It is sometimes advantageous to substitute a Cooperative Research
Agreement in lieu of a more extensive contract or grant document.
These forms are available from the
Contract and Grant Administration
internet site (355-5040), (see
exhibit, 315-B).
- Research activities utilizing the Cooperative Research Agreement should
be processed for campus approvals the same as formal proposals. These
agreements should be accompanied by a "Transmittal Sheet for Request
for Contract, Grant or Gift Support," which requires unit administrator,
college and University level approval before the agreement is completed.
- Procedures After Approval by Outside Agency
Official award notifications should be sent to Contract and Grant
Administration, who will notify the project leader, department and
coordinate acceptance by the Board of Trustees.
II. Gifts
- Definition: A gift is a voluntary transfer of
funds or property by a person or organization to Michigan State University
without any valuable consideration or compensation to the donor.
- All requests for foundation support, including both private and corporate
foundations above $20,000 must be cleared by the Office of Corporate and Foundation
Relations. This will allow for effective coordination of University level initiatives
and priorities. Requests for foundation support below $20,000 should be discussed with
the Office of Corporate and Foundation Relations prior to making the request.
- Gifts will be processed by the Office of
University Development to assure that:
- All gifts are properly receipted and recorded.
- Each donor receives a prompt and appropriate acknowledgment.
- Members of the Board of Trustees, the administration, faculty and
volunteer organizations are kept fully informed.
- A central record is maintained on all gifts.
- Gifts are to be accepted, processed, acknowledged
and recorded according to established University policies outlined
in the "Procedures and Practices for the Development Program."
Copies may be obtained from the Vice President for University
Development (355-8257) or the Associate Vice President and Director of
Development (355-8257).
- Checks for unrestricted and designated gifts to be
deposited into 31-XXXX accounts should be forwarded immediately by
departments to University Development, 300 Spartan Way, for processing. Any
correspondence from the donor should be attached.
Gifts for research (non-Federal and non-State) of $1,000 or less should
be sent directly to University Development for direct deposit in
existing sponsored project accounts. Any correspondence from the donor
should be attached. Please include a listing of the following information:
account number, amount, AES project number (if applicable), name of
researcher. Gifts for research of more than $1,000 should be
routed through Contract and Grant Administration with appropriate forms
attached (see procedures at beginning of section 315).
- Official acceptance of all gifts to Michigan State
University will be made by the Board of Trustees based upon a
consolidated quarterly report of the Vice President for University
Development. Only those gifts which are in conformity with the needs
of the University will be accepted. The University reserves the
right to refuse any gift which is judged to be inconsistent with
institutional needs or for which University resources are too limited
to properly administer the gift. In addition, only those gifts from
which disbursements are to be made on a nondiscriminatory basis will be
accepted.
- In certain cases, a gift may be considered inappropriate due to particular
restrictions imposed by the donor. By its very definition, a gift cannot be associated
with a private benefit that would jeopardize the charitable contribution deduction under
IRC section 170 if the donor and beneficiary of the restriction have less than an
arms-length relationship. There must be a distance between the donor and recipient such
that the recipient does not receive benefits that are otherwise not available to colleagues
of similar status and interest. For example, in the capacity of donor, an individual cannot
subsidize his/her own salary, travel funds, or fringe benefits. Contact the Office of
Contract and Grant Administration or the Controller's Office if you have questions or to
seek guidance.
III. Noncash Gifts/Gifts-In-Kind (Securities, Real Estate,
Mineral Interests, or Other Personal Property).
- Gifts of real and personal property and gifts-in-kind must be
documented on a Consignment/Non-Cash Gift Form (see
exhibit, 315-C)
and approved by the Secretary to the Board of Trustees for submission
to the Board for acceptance. The Office of University Development or
the MSU Foundation is
to be contacted immediately if gifts of this
nature are contemplated. All property or equipment received by the
University as a loan should be processed according to instructions
in section 224.
- A donor must have a written appraisal from an independent, qualified
appraiser for gifts of $5,000 or more. The appraisal must conform to
current IRS guidelines. It is the donor's responsibility to secure,
arrange and pay for appraisals of gift property, with assistance from
University Development. The University may request a second independent
appraisal or may require its own appraisal prior to establishing gift
value. Contact University Development or the MSU Foundation for further
information.
- Tax Requirements: Internal Revenue Form 8283, Noncash
Charitable Contributions, is required from a donor if the gift is
over $500. This form must be signed by the MSU Foundation if the gift
is over $5,000.
The Internal Revenue Service requires Form 8282 to be completed when
the donated property over $500 has been sold, exchanged, consumed or
disposed of within two years after the date the original donee received
the property. The MSU Foundation must be notified of any disposition
of noncash gifts within the first two years so that they may prepare the
proper notification. NOTE: The donor receives a copy of this form.
If the selling/disposal price is much lower than the gift value, the donor's
charitable gift value could be challenged.
IV. Consignment Equipment - Gifts
(General Stores, stock number 14024980; see
exhibit, 315-C). This form
should be processed after the gift-in-kind has been received
by the University. Documentation for the gift-in-kind (appraisals, etc.)
should be attached. Include your common unit code, date received,
and required signatures as follows:
- Department Chairperson
- Dean or Designated Representative
- MSU Foundation
- Contract and Grant Administration
- Inventory
- Department
V. Final Approval of Gifts, Grants and Contracts
All gifts, grants or contracts presented to the University must be
approved by the Board of Trustees. Contract and Grant Administration
will coordinate this activity.
VI. Cash Receipts
Colleges, departments and individuals should process all checks
immediately upon receipt as follows:
- Checks received for Contracts and Grants should be forwarded to
Contract and Grant Administration for processing. Checks for Gifts
should be forwarded to University Development (see procedure,
item II.D).
Departments and colleges are not permitted to deposit or cash
checks.
- When payment for sponsored programs is not received in advance, the
Office of Contract and Grant Administration will bill the sponsor
according to the terms of the grant or contract.
VII. Expenditures
- Expenditures of funds must be made in accordance with policies
established by the University unless additionally restricted by the
terms of the gift, grant or contract.
- MSU employees traveling overseas on University business must provide
receipts for all currency exchange transactions. If receipts are
unavailable, the employee must certify in writing that all funds exchanged
have been accounted for and business expense receipts presented must
equal the amount received in local currency.
VIII. Reports
- Project leaders will be responsible for preparing technical reports
as required by the terms of the grants and contracts.
- Financial reports for grants and contracts will be prepared by the
Office of Contract and Grant Administration and forwarded to sponsors
as required.
- Reports of gifts will be prepared and/or coordinated by the Office
of the Vice President for University Development.
SUPPLEMENTARY STATEMENT
REGARDING DISPOSITION OF PATENTS
Except as otherwise provided, any discovery or invention which results
from research carried on by, or under the direction of, any employee of
the University and having the cost thereof paid from University funds or
from funds under the control of, or of the employee's duties with the
University, or which has been developed in whole or in part by the
utilization of University resources or facilities, shall belong to the
University and shall be used and controlled in such a manner as to
produce the greatest benefit to the University and the public.
Any proposed deviation from this standard University patent policy
shall be referred to the Vice President for Research and Graduate
Studies.
IX. Exhibits/Forms