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Ohio Agricultural Research and Development CenterPrivate Support for Research Programs |
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A Gift or donation is a voluntary and irrevocable transfer of money or property (e.g., equipment, real estate, art, etc.) made by a donor without any expectation of or receipt of direct economic benefit or any other tangible compensation (i.e., goods or services) from the donee that is commensurate with the worth of the donation.
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A Contract is a written agreement representing the voluntary transfer of money or property by a sponsor in exchange for the specifically enumerated performance of services, often including proprietary rights to and provision of work products derived from this performance, and always including some formal financial and/or technical reporting by the recipient as to the actual use of the money or property provided. The agreement is enforceable by law, and performance is usually to be accomplished under time and fund-use constraints, with the transfer of support revocable for cause. |
| When Resources Go Through Development | When Resources Go Through OSURF or OARDC |
| 1. The award is from a private individual | 1. Award is from a governmental or quasi-governmental entity, or is from a sponsor which provides the University with a subcontract that contains federal "flow down" provisions. |
| 2. The award is from a non-governmental source and is either for "bricks or mortar", current use project, or for the Universities endowment. | 2. Award is from a private sector sponsor for the work of a specific faculty member(s) and the work is characterized by precise programmatic objectives that are to be accomplished within a specific time and budget framework. |
| 3. The donor specifically intends the award to be a charitable gift as reflected by the characteristics of the award instrument. | 3. The sponsor desires to place restrictions on publication of data from studies supported by the agreement. This would include outright restriction of publication or requirement for prior review or approval by the sponsor. |
| 4. The conditions or stipulations placed on the intended use of the award are reasonable and serve to direct the funds to areas such as scholarships, bricks and mortar, or general research support of specific interest to the donor. | 4. The sponsor wants ownership of proprietary rights in data resulting from activities conducted under the agreement. This includes any specification of deposition of proprietary rights and/or references to licensing arrangements for patents or copyrights developed as a consequence of the funded activity. |
| 5. The donor intends the gift to be irrevocable and therefore, relinquishes the right to reclaim the gift or any unused remainder. | 5. Studies are to be conducted on substances/products/processes, etc. that are owned by the sponsor. |
| 6. The donor makes the gift to the University without expectation of direct economic benefit or other tangible benefit commensurate with the worth of the gift. Indirect benefits such as tax advantages, business or personal good-will derived from close association with the University, and miscellaneous benefits derived from donor club status are not sufficient to negate gift intent. | 6. The award comes from a corporation's research and development (R&D)
budget and is perceived by the company as a "cost of doing business" rather
than a charitable gift. It should be expected that the characteristics
of the resulting grant or contract will reflect this intent.
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| 7. The for-profit private sector sponsor hopes to gain direct economic benefit as a result of the activity to be conducted under the agreement. | |
| 8. The sponsor may place restrictions on the use of funds and/or may retain the right to revoke the award. Examples of restrictions include: requirement of prior sponsor approval for deviation from originally approved budget items and disallowance of preaward costs. | |
| 9. The award instrument requires a regular, detailed financial accounting such as line item reporting on the specific use of funds, and/or frequent, detailed reporting on project status. | |
| 10. The sponsor has participated in determining the statement of work to be performed or services to be provided on an R&D project. |
| Funding and Characteristics | Grant Accounts | Development Accounts |
| Charitable Gift/Tax Deduction | Not appropriate for Gifts/Donations | Receives Gifts/Donations on behalf of the University |
| Deposit of funds | Deposit of funds Immediate | 90 day posting delay |
| Interest earnings | to OARDC when appropriate | to University Development |
| Access to funds | Same for both per University procedures | Same for both per University procedures |
| Restrictions on usage | Same for both per University procedures and intent of funding source | Same for both per University procedures and intent of funding source |
| FAS reporting | Common FAS acct. for the whole Department with separate G-# per OARDC & Department systems | Separate FAS account as requested/approved |
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Last Modified: 10/27/98
Contact: F. W. Ravlin
ravlin.1@osu.edu