SECTION 315: Gifts, Grants or Contracts
Last updated: December 2010
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 Sponsored Programs (OSP), 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. Facilities and Administrative costs (F&A), also referred to as overhead or indirect costs, involve administrative services, maintenance and operation of physical facilities and other expenditures that cannot readily be related directly to the research project. F&A 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 F&A 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 the Office of Sponsored Programs.
- 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" should be completed and submitted with the proposal through appropriate channels as mentioned above, reaching the Office of Sponsored Programs after all other approvals have been obtained. A web version of the Transmittal (eTransmittal) is available at: www.osp.msu.edu
- Sufficient time for processing within the University should be allowed so that the Office of Sponsored Programs 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 OSP 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 Office of Sponsored Programs internet site.
- 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 the Office of Sponsored Programs, 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 Advancement 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. Inquiries may be directed to University Advancement (884-1000).
- Checks for unrestricted and designated gifts to be deposited into MSU gift-accounts (sub-fund RN) should be forwarded immediately by departments to University Advancement, 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 Advancement 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 Advancement. 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 IRS Code 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 Sponsored Programs 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. University Advancment 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 Advancement. The University may request a second independent appraisal or may require its own appraisal prior to establishing gift value. Contact University Advancement 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. 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 Advancement (see procedure, item II.D).
Departments and colleges are not permitted to deposit or cash such 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.
V. 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.
VI. 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 Advancement.
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.