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Complete 2012 forensic audit documents - Kansas Bioscience ...

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State University the proposed grant and look forward to helping fund this important and<br />

innovative effort.”<br />

On August 7, 2009, KSU was awarded an initial NSF grant of $588,886 as part of a five-year<br />

grant of approximately $3.2 million. On August 14, 2009, David Vranicar notified KSU that<br />

“After careful review of the above referenced proposal and your request for funding, the <strong>Kansas</strong><br />

<strong>Bioscience</strong> Authority has decided that we are not in a position to fund your proposal at this<br />

time.…Our decision on this project is primarily due to the fact that the proposal doesn’t fit well<br />

with our commercialization investment priorities for the current fiscal year as defined by our<br />

Board of Directors. In addition, the NAICS code for this project is not within the statutorilydefined<br />

set of bioscience codes eligible for investment by KBA.”<br />

On February 11, 2010, KSU submitted a letter describing proposed modifications to their<br />

application to emphasize commercialization efforts by the doctoral students and support to<br />

KSU’s industrial partners. On March 23, 2010, Tom Thornton responded, “We appreciate your<br />

efforts to augment the commercialization activities in this program. After thoughtful<br />

consideration, we must reiterate our original decision that this project does not meet our current<br />

investment priorities and, thus, is not something for which KBA can provide matching funds.”<br />

The letter goes on to discuss that KBA’s investment priorities center on programs and<br />

investments that lead to the expansion of the state’s research enterprise and the direct<br />

commercialization of the products of that research, and that the BOD has elected not to consider<br />

graduate training, education and workforce development programs. Thornton also discussed that<br />

KBA’s projected transfers from the State of <strong>Kansas</strong> had been reduced, resulting in the need for<br />

KBA to tighten its investment focus. Thornton stated, “Simply put, with reduced funding, it will<br />

be difficult to continue our pace of investment in Eminent Scholar and Rising Star programs, the<br />

<strong>Kansas</strong> <strong>Bioscience</strong> Centers of Innovation, the cancer fighting cures initiative, and efforts to<br />

maximize the economic impact of the NBAF, let alone to consider investments outside these<br />

priorities.” Please refer to Exhibit 2.<br />

BKD discussed with David Vranicar the impression that over time, KBA had focused its<br />

investment dollars on specific areas, notably those described in Thornton’s March 23, 2010 letter<br />

to KSU, rather than addressing all the areas of investment that could be construed to be<br />

allowable under KEGA. Mr. Vranicar stated that KEGA sets out the mission of KBA and<br />

describes various statutory programs that are to be available through KBA; however, the BOD<br />

and management strategically determine KBA’s investment focus based on the goal of<br />

leveraging the strengths in <strong>Kansas</strong>’ bioscience community and research universities. Vranicar<br />

indicated that KBA’s investment focus is determined yearly and published in its Annual<br />

Operation Plan (“AOP”), and that it is the AOP that guides KBA’s investment priorities.<br />

In addition, Vranicar stated that the perceived viability of a funding opportunity is a significant<br />

consideration as to whether the investment opportunity is accepted by KBA. An investment that<br />

fits the current strategic focus for investments, but is not likely to succeed for a variety of<br />

reasons, will not be funded. Vranicar stated that while KBA could not guarantee that every<br />

opportunity it invests in will be successful, the staff have a duty to try to ensure that the<br />

investment opportunities that are presented to the Investment Committee and the BOD have the<br />

ability to be successful.<br />

14

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