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> MSU Policy and Procedures > Business Procedures Manual
400.00 Claims
SECTION CONTENTS
410.00 Introduction
420.00 Forms
430.00 Processing Invoices
435.00 Purchasing Card
435.10 Purchasing Card Manual For Card Holders
435.20 Purchasing Card Misuse Policy
435.30 Purchasing Card Quick Reference
435.40 Purchasing Card Departmental Accounting Technician Application Form
435.50 Purchasing Card Application Form
435.60 Purchasing Cardholder Agreement
435.70 Purchasing Card Routing Log
435.80 Lost Receipt
435.90 Purchasing Card Trans Dispute Form
436.00 Alcohol Purchase Policy
440.00 Freight Payments
445.00 Moving Expenses
450.00 Automatic Payments
460.00 Hospitality Approval
460.10 Introduction
460.20 Definitions
460.30 Forms
460.40 Authorization
470.00 Special Checks
470.10 Introduction
470.20 Special Checks
480.00 Expenditure Account Codes - Operating Expenses
480.10 Non-Allowable Expenditures
490.00 Contracted Services
490.10 Contracting for Services
490.20 Determination of Status - Employee or Independent Contractor
490.30 Procedures for Contracting for Services of an Independent Contractor
(Not for Consulting Services)
490.40 Procedures for Contracting for Consulting Services
490.50 Contracted Services Agreement Instructions
490.60 Contract Payment Information
490.70 Payment to Nonresident Alien Contractors
Disbursements to vendors for University purchases are processed by the
Business Office, AES, ES, and Grants & Contracts. Section 400 addresses the
specifics for travel disbursements.
The following forms are available at the Business Office or Controller's
Office in Montana Hall:
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Banner Payment
Authorization (BPA)
- Travel
Authorization and Advance
- Hospitality
Approval Form
- Contracted Services Agreement
- Independent Contractor Checklist
- Payments to Nonresident Alien Contractors (packet) *Contact Tom Zulauf
Controllers Office
- Moving Expenses (packet)*Contact Personnel/Payroll
- Outgoing Wire Transfer
- Costco Purchase Order Form
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Secure an itemized, detailed invoice from the vendor for goods and/or
services. Statements will not be accepted (unless stated as the only
document furnished by the vendor). If no invoice is available, then
use the lower left box on the BPA to itemize the costs.
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Verify the invoice is correct in every detail. If there are errors,
contact the vendor for a corrected invoice.
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Sign the BPA in blue ink with the vendor's name and remit
to address.
BPA Form Complete the payment line with Index #, Account Code,
amount, and Purchase Order (PO) (if applicable). In the Information
box, list the remittal information. Please abbreviate when possible.
We recommend the following information in order:
- Department name
- Customer or account number
- Invoice number
- Invoice amount (if different from the billed amount)
- Indicate discounts if taken.
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Attach the original invoice(s) to the back of the BPA with two staples
(one in each upper corner). Invoices smaller than the BPA should be
taped to a full size sheet of paper. If there are multiple invoices
to the same vendor, run an adding machine tape and attach to the upper
left corner of the top invoice.
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Obtain the appropriate signature(s).
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Forward one (1) original copy of the approved invoice with the BPA
to Accounts Payable in the Controller's Office.
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Each department should keep a record of invoices processed for payment.
These will be used to verify monthly reports.
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The "prompt payment" law enacted by the 48th Legislature requires
State agencies to pay most claims within 30 days, unless otherwise
stated in a contract or agreement; or pay interest at a rate of .05%
a day (18.25% per year) on the unpaid balance.
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Original documents are required when submitting BPA's.
435.00 Purchasing Card
435.90 Purchasing Card Trans Dispute Form
436.00 Alcohol Purchase Policy
The Business Office pays certain freight bills directly. An information copy
of the BPA is sent to each department.
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United Parcel Service - The Business Office processes the BPA's to
UPS for packages shipped from the MSU Post Office. Be sure your department
name and charge number is on each package.
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Greyhound - Be sure the department name and the charge number is
listed on the original shipping order. Send a copy to the Business
Office.
This section reserved for future updates. If you have questions concerning
moving expenses please refer to the IRS guidelines, a link can be found here
http://www.montana.edu/pps/Taxes.htm
Purchases by departments of the University from MSU service departments are
processed for automatic payment. (See Accounts Receivable Section)
Service departments will provide an information copy on a Centralized
Accounts Receivable form for departmental purchases. Any corrections must be
requested by memo to the Controller's Office indicating document number, service
department, incorrect Index #, correct Index #, and amount.
According to Section 205.4 of the Montana University System Policy and
Procedures Manual, expenses for official hospitality, community relations, or
public relations may be paid by a unit only when such activities are directly
related to the unit. Those authorized to approve hospitality must determine that
the activity is directly related to an objective of the unit and evaluate
the importance of the event in terms of cost verses benefits and alternatives
that would be equally effective.If the hospitality is to benefit persons from outside the unit, the
department may pay for the meal expenses of its guest and one official
host from the department. OTHER DEPARTMENT MEMBERS ATTENDING MUST PAY FOR
THEIR OWN MEALS.
An official guest is a person, not employed or compensated by the unit, who
is present on the campus to render a service or as a position candidate.Meals do not include alcohol. Light refreshments mean non-alcoholic beverages
and/or pastries or fruit.
A Hospitality Approval Form will be required for all hospitality that exceeds
$30.00 for both on and off campus. The Hospitality Approval Form must be
attached to the BPA with the itemized invoice.No payment for services can be made without the Hospitality Approval Form and
the itemized invoice(s). See above to download Hospitality Approval Form.
To be reimbursed for hospitality that exceeds $30.00, the hospitality
must be approved PRIOR to the event, using the Hospitality Approval Form.Authorization by the head of the department is sufficient for less than
$50.00. If the cumulative invoices for hospitality exceed $50.00, both the
Department Head and that person's supervisor must approve the expenditure.The Dean's or VP's signature is required if more than one MSU employee is
attending. The host may not approve his/or her own hospitality.The amount authorized should be adequate to cover the cost of delivery and
set up charges. If the amount is exceeded, the authorized approval authority
must change and initial the requested amount and if necessary, additional
signatures secured.
If you have ANY questions, please contact the Business Office.
The Business Office has one procedure for disbursements where timing needs
cannot be met by the regular routing system for BPA's. This procedure is
referred to by the term "SPECIAL CHECKS."
Special checks are written in the Business Office on those disbursements that
demand immediate payment. Each request for a special check must be clearly
marked and include an explanation why a special check is being requested. This
revolving account is to be used for purposes demanding immediate payment
only, generally for the following limited purposes:
- Shipping charges.
Unanticipated travel.
Purchases of NSF checks from local banks.
Foreign bank drafts and international money orders.
C.O.D. payments.
Orders when prepayment is required.
Honorariums and/or reimbursements to invited guests.
- Reimbursements of campus department petty cash funds.
480.10 Non-Allowable Expenditures
Personal
Expenses:
The MSU Purchasing manual
states that "...purchases
for personal use are not allowed."
http://www2.montana.edu/policy/purchasing/purch400.htm - 420. Personal
expenditures are not allowable for reimbursement, regardless of the funding
source. Below are some examples that the Controller's Office considers to be
personal expenditures, and as such are not reimbursable.
- Cash
Cash may no be charged the University Purchasing Card and transferred to a
personal One Card.
Gifts or Awards
Given for graduation, birthday, leaving MSU employ, Secretary's Week, awards
to students outside the Financial Aid process, weddings, showers, etc.
Flowers
Given as a gift, for a funeral, or for office. Purchase of flowers may be
allowable if they are business related with approval from the Controller's
Office.
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Cards
Purchased for greetings, birthday, wedding, "going away", funeral, etc.
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Parking Decal and personal fines
Parking Decal is a personal expense as discussed in MSU's Parking Regulations
at
http://www.montana.edu/wwwmsupd/regulati.shtml. Fines incurred are also
considered personal expenses.
The purchase of temporary parking hangtags may be allowed if they are for a
visitor from another state agency, candidate for a position, workshop
attendees, visiting dignitaries, etc.
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Graduation Regalia and other clothing (non-uniform)
Graduation regalia-- cap, gown, and hood-- are all personal expenses whether
they are for a student or Faculty.
Certain clothing may be purchased if it will be consumed in the course of
completing a research project.
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Office treats
Purchase of treats for office personnel is not an allowable expenditure.
Drugs and Alcohol
Purchase of drugs and
alcohol or any substance, material or service, which violates policy, law or
regulations pertaining to Montana State University is not allowed with the
following exceptions: Drugs may be purchased for medical purposes through the
Student Health Service or for a sponsored research project. Alcohol may be
purchased for approved events if the Alcohol Request Form has been completed and
approved. See the MSU Alcohol Policy.
Non-Allowable reimbursements are not limited to this list.
Occasionally the University desires to purchase services that cannot be
provided by existing University employees. Under Montana law, there are two
distinct types of purchased services - services as defined by the Montana
Procurement Act and Consulting Services.
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Services Under the Montana Procurement Act:Under the Montana Procurement Act, "services" means the furnishing of
labor, time or effort by a contractor, not involving the delivery of a
specific end product other than reports which are merely incidental to the
required performance. Section 18-4-123 (18), MCA.The term does not include:
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consulting services as defined in Section 18-8-102, MCA;
the services of registered professional engineers, surveyors, real estate
appraisers, registered architects, physicians, dentists or other medical,
dental or health care providers;
expert witnesses hired for use in litigation;
hearing's officers for rule making and contested case proceedings,
attorneys, consulting actuaries to the public retirement boards;
services purchased with money raised from student activity fees;
services provided by providers of human services regulated by a state
agency;
services related to construction contracts; or
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services provided under collective bargaining agreements or employment
contracts.
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Consulting Services:
Consulting services are defined as the "human service of studying or
advising an agency under an independent contract." The term is limited to the
provision of professional consulting and does not include the making of
periodic or routine reports or the collection of routine data necessary for
the functioning of a state agency.
For all contracted services, the person providing the service must not be a
current or former employee unless more than six months has elapsed since his/her
termination. Montana law prohibits contracting with former state employees,
within six months following their termination, to perform services related to
matters the employee was involved with during his or her state employment.
Section 2-2-201, MCA. Departments must determine the appropriate employment
status of persons or firms providing services to the University before entering
into the contract.For workers' compensation, unemployment insurance, social security and state
and federal income tax purposes, employment status is defined as either employee
or independent contractor. The legal responsibility for tax withholding and/or
provision of benefits depends on this determination.Prior to entering into a contract, departments must determine whether the
relationship with the person or firm providing the service is an employment
relationship or an independent contractor relationship. If the contractor fails
to meet the criteria for independent contractor status, the contractor is not an
independent contractor and should be placed on the University payroll,
consistent with University Personnel policy.Although federal and state definitions are not identical, departments may use
the Independent Contractor Checklist, available to download from the Forms area
above, as a guideline for determining employment status. To be considered an
"independent contractor," a firm or individual should meet the criteria set
forth on the checklist. Failure to meet one or more criteria strongly indicates
an employee/employer relationship.
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Describe the Services: Prepare an explicit written description of the
required services.
Determine if the service is that of an "employee," an "independent
contractor for services" or an "independent contractor for consulting
services."
Use the correct procedure for the service. If "employee," contact Personnel
Services. If "consulting services," use the "consulting services" procedure
set forth in Section 390.40. If "contracted services" use the following
procedures.
Contracts for contracted services of less than $2,000: Obtain bids if
required. Complete the contracted services agreement. The agreement should be
completed and signed by all parties indicated on the form before
services begin.
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Contracts for contracted services of $2,000 or more: Except for Facilities
Services which may contract up to its delegated authority, all others must
complete the standard purchasing requisition form, including a full
description of the desired services and suggested service provider(s).
Route the requisition through the appropriate approval authorities to MSU
Purchasing. The Purchasing Department will review the requisition, determine
if it should be handled on campus or must be processed by the State of Montana
Purchasing Bureau. MSU Purchasing will complete the processing by securing
bids, obtaining contract signatures, obtaining required certifications and
issuing a purchase order for the contracted services.
Whenever it is reasonably foreseeable that a contract for consulting services
will exceed $5,000, the selection process outlined in Section 18-8-104 and 105,
MCA, must be followed. Please contact Purchasing for more information.
Any purchase of services from an independent contractor which is $500 or more
in value requires a written contract. Download the Contracted Services Agreement
form by going to forms above to simplify contracting with independent
contractors who provide services to MSU. The form incorporates the
recommendations of the Montana Department of Administration as to the provisions
which should be found in such contracts.This form is not recommended for use if the contract is with a state or local
government, a college or university or for purchase of computer programming
services. These types of agreements usually require the inclusion of unique
provisions which are not contained in the Contracted Services Agreement form.
MSU Legal Counsel will assist in the development of an appropriate agreement in
these situations.This form is a proposal for a contract which incorporates the major
provisions required under state law and university policy. Provisions can be
modified to meet the particular needs of the contract if it is in the best
interest of MSU. If you need any assistance in modifying the terms of this
agreement, please contact the MSU Legal Counsel.
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Preparing the Contract
The person preparing the contract should fill in the blanks as shown.
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Purpose: This section should explain what the contract is intended
to accomplish.
Effective date and duration: In most cases, performance should not
begin until a contract has been signed and a Purchase Order has been
awarded. In all cases, performance should not begin prior to the time the
funds were authorized for the contracted service.
Services: This section should contain a thorough explanation of
the services to be provided and the deliverables expected. Where there is a
separate description of the work or proposal which has been submitted by the
contractor and accepted by MSU, it should be referenced under this section.
E.g., The contractor will perform the services as outlined in the proposal
attached as Exhibit A to this contract.
Consideration: This section should specify the total amount to be
paid to the contractor and a description of how and when it will be paid.
Any instructions regarding how the contractor must submit the billing or
invoice should also be described.
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Ownership and Publication of Materials: This section should be
reviewed carefully to assure that it is appropriate for the contract in
question. If there is the likelihood that copyrightable works will be
produced under the contract, it may be necessary to negotiate and draft a
more thorough provision concerning the ownership of intellectual property
developed under the contract.
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Process for Finalization
It is recommended that the general terms of the contract be negotiated with
the independent contractor before the contract form is completed. After the
contract is drafted to the satisfaction of the Principal Investigator or
Department Head, the relevant signatures of the MSU officials should be
obtained and the contract should be forwarded to the contractor for his/her
signature. If the contractor requests modifications which are acceptable to
all parties, the contract can be redrafted or changes can be made on the
contract and initialed by all of the parties. The original approved contract
should be attached to the BPA with a copy retained by the department if less
than $2,000.
All contracts exceeding total payment(s) of $500 (including travel costs)
must be written. The original approved contracts with all attachments must be
sent to the Purchasing Department. A copy of the contract must be attached to
the Banner Payment Authorization (BPA). If additional payments are necessary
during the same fiscal year, the document number of the first payment should be
referenced, as should the number of the payment (i.e., the third of five
payments). A copy of the contract must be attached to the first BPA processed
for each fiscal year.Forms required for payment of Contracted Services totaling less than $2000
are:
- Banner Payment Authorization (BPA)
Original Contract
Bid Tabulation form or Sole Source form
Departmental Purchase Order
- Vendor invoice
A nonresident alien contractor is an individual of a foreign country that
performs independent personal services. Examples of these services might include
a foreign guest speaker or a foreign language translator. To receive payment for
these services, the individual must have a United States Social Security Number.
If they do not have the required number, they must apply for one at the Social
Security Office.
The University is required to file IRS Form 1042S, Foreign Person's US Source
Income Subject to Withholding, for services performed by all nonresident alien
contractors. The University is also required to deduct a 30% withholding tax on
all payments made to these contractors unless they qualify for a reduced rate or
exemption under an applicable tax treaty. This can be determined by completing
IRS Form 8233, Exemption from Withholding. For paying a nonresident alien, please see
this link.
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