3.20
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RESTRICTED FUNDS - EXPENDITURE
GUIDELINES
Restricted funds are identified by the sponsor or agency restrictions
placed upon the use of funds as such, the source of all restricted
funds must be external. Internally designated unrestricted funds,
including surpluses from fixed price grants/contracts, cannot be
sequestered in a restricted fund for any specific purpose.
In no case should any expense be recorded in a restricted Index (FOPAL) unless the following conditions are met:
- The expense is fully covered by guaranteed income. This
means that the expenses are fully billable to and collectible
from an external party. In the case of gift funds, Accounts Receivable
are established on rare occasions on a case-by-case basis, and
require the approval of the Controller's Office. In no case should
an uncollectible receivable remain in the restricted fund at fiscal
year-end. NMSU's collections policy (see subsection
3.30.05) discusses in detail the disposition of uncollectible
restricted fund Accounts Receivables.
- The expense conforms to the guidelines established by the
sponsor. In no case may any expense be ultimately recorded
in a restricted Index (FOPAL), either directly or through automated
entry, which violates a sponsor-specified restriction.
Signature Approval on Restricted Sponsored Projects
University policy requires that the Department Head or Dean/Director
responsible for any given Index (FOPAL) approve all Purchase Requisitions,
Direct Pay
Requests and Reimbursement
Vouchers charging that Index (FOPAL) number. On approval of the Department
Head or Dean/Director, signature authority may be delegated to an
elected employee. These policies relate to official University documents.
For restricted Sponsored Projects, the University Purchase Requisition,
Direct Pay Request or Reimbursement Voucher documents should reflect
the approval of the Principal Investigator or his/her designee.
In the case of multiple Principal Investigators, any of the Co-Investigators
may elect to approve the expense. If the Principal Investigator's
approval is obtained on an internal requisition document, it does
not have to appear on the official Purchase Requisition, as long
as it can be documented that the internal requisition has the Investigator's
approval; that is, the Investigator or his/her designee must approve
either an internal requisition document or the official Purchase
Requisition for restricted Indexes (FOPALs).
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3.25
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GIFTS-IN-KIND
A Gift-in-Kind is defined as a gift of goods other than cash
or cash equivalents. For the purposes of this policy, services
provided are not considered Gifts-in-Kind.
Approval of Gifts-in-Kind
All gifts-in-kind should be accepted by the University, by either
the President's Office or its designee. This will enable the gift
to be properly insured and safeguarded through the University
Property Office. In many cases, a gift-in-kind may involve
additional costs that will need to be approved within the departmental
budget. The approved designees for accepting gifts-in-kind are
the Vice President for University Advancement and/or the Vice
President for Business and Finance.
Procedures for Accepting Gifts-in-Kind
Gifts Under or Equal to $5,000
In many situations, a donor will present a department, college,
or division with small inventory items such as a book or a piece
of artwork. For all such gifts, the following procedure is to
be used, as applicable:
Upon receipt of the gift, a memo is to be written by the department,
college, or division receiving the gift to the Vice President
for University Advancement with the following information:
The Vice President for University Advancement will forward the
approved memo to the Advancement
Services Office, who will then be responsible for issuing
a receipt to the donor.
The Advancement Services Office will forward a copy of the approved
memo to the Property
Office if the gift involves equipment or an addition to existing
equipment.
Gifts Over $5,000
Gifts over $5,000 require special reporting to the Internal
Revenue Service. This rule applies if a donor contributes
gifts over $5,000 cumulatively in one calendar year, not solely
to the value of each gift. The procedures described in Gifts Under
or Equal to $5000 should be followed with the following additions:
Donated Assets and Sponsored Agreements
Per OMB
Circular A-21, Section J.13.a, the value of donated assets
are not considered allowed on sponsored agreements as either direct
or indirect charges. Depreciation or use allowances may be permitted,
under certain circumstances, and in calculation of the F&A
rate. This does not preclude the use of donated assets to meet
the matching requirements of sponsored agreements in accordance
with OMB
A-110.
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3.25.05
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State Matched Endowments, Guidelines for
Expending Earnings
The special appropriated guidelines, enacted for each Endowment Program, should be followed for all donations. For example:
Professorships, Lectureships, and Graduate Fellowships:
Law of 1984, Chapter 35 reads as follows: "..the income
from the investment shall be used to provide salary supplements
in the enumerated categories." Therefore, the earnings
on the state-matched portion, the foundation portion and/or the
University portion will be used for salary supplements only.
Chairs:
Law of 1984, Chapter 35 reads as follows: "..the income
from the investments shall be used by the institutions for the purpose
of paying the salary of the faculty member together with the expenses
necessary to support his academic activities. Any portion of the
income not expended within two years of receipt by the institution
shall become part of the endowment and shall not be expended but
shall be invested."
The earnings on the state-matched portion, the Foundation portion
and/or the University portion will, therefore, be used for salary
and expenses necessary to support the academic activities of the
chairperson. Each Legislative Act will have specific requirements.
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3.30
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RELATED POLICIES AND PROCEDURES
Other policies and procedures within the University should be incorporated
into the administration of restricted funds, where applicable. Among
the most common documents which may apply and are not reproduced
within the Business Policies and Procedures Manual are:
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3.30.05
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Collections Policy for Grants and Contracts
SPA is responsible for invoicing all grants and contracts unless
other arrangements have been made. The invoices will be prepared
on a monthly basis unless otherwise specified in the award agreement.
30 Days Outstanding
All receivables will be reviewed when 30 days outstanding. If the
receivable represents the first project billing to a private entity,
or an invoice to a client with a proven history of slow payments,
SPA will call the sponsor at this point to confirm the accuracy
of the invoice and request payment.
30 to 60 Days Outstanding
Receivables that do not meet the criteria for contact at 30 days
will be contacted at 60 days, if necessary. The purpose of the initial
contact, whether at 30 or 60 days, is to verify receipt of the invoice,
determine if there may be problems with the invoice that prevent
payment, and to determine if a revised invoice or "second notice"
is necessary. Comments received from sponsors referencing poor quality
service as a reason for withholding payment will temporarily suspend
further collection efforts. These comments will be relayed to the
research center or department by either memorandum or e-mail along
with a request that SPA be notified in a like manner when permission
is granted to resume collection activity. If either party feels
the situation warrants it, a meeting will be scheduled to discuss
the account status before any decision regarding further collection
is made. This option will be included in all correspondence regarding
collections. All Accounts Receivables will continue to age and be
subject to procedures at 90, 120, 180 and 270 as stated below, even
if SPA's collections efforts have been temporarily suspended.
If, at any time during the collections process, a sponsor notifies
either SPA or the research center/department that they do not believe
the receivable is their obligation, a memo will be sent by the contacted
party to the Vice President for Business and Finance for their assistance
and opinion in considering the validity of the claim. All other
parties involved at this point should receive copies of this memo.
Until the issue is resolved by the research center/department, all
other collections procedures will cease.
90 Days Outstanding
When a receivable has been outstanding for 90 days, SPA will notify
the department head, Principal Investigator, and the departmental
business contact of the status of the Index (FOPAL) by either memorandum
or e-mail.
120 Days Outstanding
When a receivable has been outstanding for 120 days, SPA will notify
the Vice President for Business and Finance of the status of the
Index (FOPAL) in a monthly report. There will also be a special report
to the Vice
Provost for Research for those Indexes (FOPALs) that have not been settled
due to fault of the University. For privately funded Indexes (FOPALs), if
there is not a fault on the part of the University, work may be
stopped by order of the dean, director, or Vice President for Business
and Finance.
After 180 Days
After 180 days, SPA will submit to Vice President for Business and
Finance for possible referral to NMSU General Counsel for legal
recourse. NMSU General Counsel will review existing information
as provided by the Vice President for Business and Finance and determine
if legal action is necessary. The Vice President for Business and
Finance shall be kept informed accordingly.
At this time, the Vice President for Business and Finance may order
the work stopped after consultation with the dean or director. For
State or Federally funded awards, ceasing work will be evaluated
on a case-by-case basis. This information will be relayed in a special
report provided by the Vice President for Business and Finance.
After 270 Days
If after 270 days, all collection efforts fail, including examination
of legal recourse, SPA will notify the Research Center Director,
Research Center Business Manager and Principal Investigator of the
status of the receivable and to request an unrestricted Index (FOPAL) to which the receivable will be charged. A Journal Voucher will be processed to charge bad debt expense to the appropriate
departmental unrestricted Index (FOPAL) (account 769600) and credit
the receivable in the restricted Index (FOPAL). The receivable
will be re-established utilizing a pair of central administration
Indexes (FOPALs) to track the reclassification
of Accounts Receivables on grants and contracts. If a privately
held company has defaulted on a debt, further contract assignments
will not be accepted by NMSU. For Federal or State funded projects
that have defaulted on a debt, further contract assignments will
be evaluated on a case-by-case basis by the Dean or Director and
Vice President for Business and Finance.
If after 365 days, a receivable is deemed uncollectible by the
Vice President for Business and Finance, regardless of the actions
taken by the sponsoring agency, it will be written off and reclassified
to central administration as described above. If payment is received
after it has been reclassified, the research center/department will
be notified and receive credit for payment.
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3.30.10
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Centralized Billing Policy for Restricted
Grants and Contracts
New Mexico State University uses a partially decentralized approach
to billing for grants and contracts. The responsibility for grant
and contract billing rests with
SPA. While NMDA billings are prepared at NMDA, they are approved by the Central Office before
release. Procedures established by NMDA shall be
submitted to the Controller's office on an annual basis, in July
of each year. Staff responsible for preparing invoices shall be
trained within each department in the use of their departmental
procedures.
Each billing department's procedures must contain the following
elements:
- Billings will be prepared in accordance with agency contractual
requirements, and all applicable Federal, State and University
policies and procedures. If there is no time frame established
for cost reimbursable contracts, then billings will be done on
a monthly basis.
- Billings for restricted Indexes (FOPALs) will be prepared only for expenditures
made in compliance with the award terms and conditions and within
the award budgeted amount.
- All billings will be reconciled to the official accounting records
as recorded in the University's Finance System, to
assure that all Indexes (FOPALs) have been billed and no activity is billed
more than once.
- Proper segregation of duties must exist between preparation
of billings, receipting of funds, and authorization of contracts.
- The designated unit personnel that are responsible for grant
and contract billing will certify all billings. These persons
will be named in the departmental procedure.
- Revenue and Accounts Receivable for each billing will be recorded
in the Finance System at the time the invoice is prepared
and submitted for payment.
Accounts Receivable aging reports, in 30 day increments through
120 days, will be produced at least monthly and proper collections
procedures will be followed to assure the safeguarding of all University
assets.
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3.35
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EFFORT REPORTING
Effort reporting provides a basis for charging salaries
to Indexes (FOPALs) in accordance with the relative activity applied to
various programs and projects. The information reported by departments
for a pay period reflects the actual activity of each employee as
well as it can be measured, not the budgeted activity. However,
budgets normally provide a guide to the application of actual activity.
Effort reporting also provides documentation that an employee
is in the employment of the University during the pay period. Principal
Investigators are urged to check Effort reports closely
each semester to certify that all persons paid on a sponsored project
did, in fact, work on that project for the amount of time indicated
Effort Report document.
Effort on grants/contracts should be charged to the grant/contract
Index (FOPAL). Any cost-shared effort should be charged to a formal cost-sharing
Index (FOPAL) or another unrestricted Index (FOPAL), as discussed in subsection 3.15.3.
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3.35.05
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Effort Reporting
The University's Effort Reporting document for non-hourly
employees is the NHRECRT Report. For more information
on time and leave reporting on grants and contracts refer to subsection
3.15.40.
The University's Effort Reporting document for hourly
employees is the Payroll Requisition Report which is completed on-line by all non-exempt employees.
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