FACILITIES, UNIVERSITY:
USE FOR OUTSIDE PROJECTS AND RESEARCH

No: S-24

Date: September 24, 1981

Authority: UWM Administration


In order to answer questions that university personnel may have regarding the use of university facilities by faculty and staff, and by agencies outside the university, the following policy statement is issued:

I.     CURRENT UNIVERSITY RULES AND REGULATIONS

Applicable rules and regulations can be found in Chapters 8 and 21 of the Wisconsin Administrative Code. Chapter 8 deals with the Code of Ethics for faculty/academic staff and Chapter 21 deals with the use of University facilities. These documents set the framework upon which the following UWM policy and procedures are established.

II.    UWM POLICY

A. Given the above university rules and regulations, decisions on when the use of facilities is appropriate for outside projects should be made by the
     dean and the department chairperson or director who is responsible for the facility and resource.

B. On those non-federal projects deemed to be appropriate, a Fixed Price Contract (GS-393 Revised) or a Minor Projects Form (GS-396) should
     be executed for each project.)

C. If the ultimate source of the project funds is the federal government, neither of the formats in B above may be used; in such cases, the regular
    Graduate School grant submission procedures should be utilized.

D. All projects must recover full costs, including all indirect costs. Where full cost recovery from the sponsor does not appear possible, but the project
     is still considered valuable to UWM, cost-sharing may be considered. Cost-sharing is only appropriate in agreements with not-for-profit
    organizations; no cost-sharing will be allowed for any work done for profit-making organizations. UWM services and facilities are not to be offered
    gratis to any non-university organization, whether profit-making or not-for-profit.

E. All expenditures and receipts associated with the projects must be accounted for. The appropriate accounting procedures and mechanisms to be
    used are detailed as follows:

    1. Projects $1,500 and over (using the Fixed-Price Contract mechanism).

      a. These projects require Transmittal Form procedures and are reported to the Board of Regents of the University of
         Wisconsin System.

      b. The Graduate School will establish a fund 133 account (and budget) for the project.

      c. Direct cost expenditures (excluding fringe benefits) will be charged by the department/division to the account. As earned,
          fringe benefits and full indirect costs will be automatically charged to the account and credited to the appropriate university
          accounts.

      d. Receipts will be credited to the account as received.

      e. All indirect costs will be recovered whether called a contract or a grant.


    2. Projects under $1,500 (using the Minor Projects mechanism). (Services rendered which cost less than $300 are subject to these regulations, but may be reported as external sales credits without filing a minor projects form.)
a. The servicing departments will charge the appropriate direct costs to their department's fund 101 budget.

b. Receipts for projects will be handled as external sales credits. The portion attributable to the department's direct costs
    will be credited to the department. The portion attributable to fringe benefits and indirect costs will be credited to a
    campus account.

c. These projects are not reported to the Board of Regents.

F.    UWM cannot accept "hold harmless" or indemnification clauses, or prohibitions of publications in a grant or contract document.

III.   ASSURANCES

In utilizing and approving the contractual procedure, the project director, department chairperson, or center/laboratory director, and dean certify to the following internal assurances, not intended to be a part of the contractual arrangement with the sponsor:

  1. The activity is not intended to provide competition with the private sector. If services of the private sector are not reasonable available to the sponsor, the price charged herein is not less than that charged by other suppliers.

  2. Charges for the activity must be established so as to recover full costs, including direct costs.

  3. University facilities will be used under direct supervision of university personnel.

  4. The sponsor does not prohibit publication of the results of the activity.

  5. The activity provides support for either the research, instructional or public service mission of UWM.

  6. Internal UWM uses should have priority over external activities.

  7. No agent of the sponsors shall become an agent of UWM as a result of any Fixed-Price Contract or Minor Project Agreement. UWM shall assume no liability on behalf of the personnel involved in the above contracts except for the liability of its employees and agents acting within the scope of their employment.

IV.   THE ACCOUNTING FOR RECEIPTS AND EXPENDITURES

Accounting procedures for projects over $1,500 and under $1,500 are outlined in the policy statement quoted under II.E. above. In addition to these requirements, department chairpersons in cooperation with faculty responsible for a particular laboratory may want to establish a user fee schedule for the use of that particular facility or piece of equipment. The schedule should, in cases where a similar facility is not available in the area, be comparable to facilities elsewhere in the country. In cases where a similar facility is available the fee schedule should not be lower than that charged by other facilities. The proposed user fee schedules must be submitted to the dean of the college or school for approval. Contact the UWM Controller's Office for assistance in developing a user fee schedule or for advice on user fee income and expense accounting.

Both the Fixed Price Contract (over $1,500) and the Minor Projects Agreements (under $1,500) must include the current fringe benefits and indirect cost charges as established by the UW System for UWM. Contracts should also include the salary and fringe benefits of any University personnel including technical or secretary who is used under the contract.

V.    USE OF THE FACILITIES BY FACULTY

Faculty wishing to use University facilities for private purposes, such as consulting, shall be subject to the same conditions and payments as any other outside user.