Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
Southwest Research Institute
Employer identification number
74-1070544
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions.
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II, or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) A person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the supported organization?
................
11g(i)
(ii)
A family member of a person described in (i) above?
......................
11g(ii)
(iii)
A 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year
(or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources...
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (see instructions)
..................
12
13
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here........................................
Section C. Computation of Public Support Percentage
14
Public support percentage for 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
.......................
b
33 1/3% support test—2011.
If the organization did not check a box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2012.
If the organization did not check a box on line 13, 16a, or 16b, and line 14
is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported
organization
.....................................................
b
10%-facts-and-circumstances test—2011.
If the organization did not check a box on line 13, 16a, 16b, or 17a, and line
15 is 10% or more, and if the organization meets the "facts-and-circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts-and-circumstances" test. The organization qualifies as a publicly supported organization
................................................
18
Private foundation.
If the organization did not check a box on line 13, 16a, 16b, 17a, or 17b, check this box and see
instructions
.....................................................
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
1,347,075
911,712
961,058
1,031,183
802,062
5,053,090
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
506,538,168
483,247,992
514,842,243
505,230,767
511,070,928
2,520,930,098
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
100,000
100,000
100,000
100,000
100,000
500,000
6
Total. Add lines 1 through 5.
507,985,243
484,259,704
515,903,301
506,361,950
511,972,990
2,526,483,188
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
1,284,018
911,712
959,089
864,621
752,257
4,771,697
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
172,519,243
159,201,390
185,799,517
155,457,882
140,455,195
813,433,227
c
Add lines 7a and 7b..
173,803,261
160,113,102
186,758,606
156,322,503
141,207,452
818,204,924
8
Public support (Subtract line 7c from line 6.)
1,708,278,264
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
507,985,243
484,259,704
515,903,301
506,361,950
511,972,990
2,526,483,188
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,865,370
3,134,675
-203,364
1,032,212
878,731
6,707,624
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
608,494
3,682,663
1,646,375
2,102,248
636,383
8,676,163
c
Add lines 10a and 10b.
2,473,864
6,817,338
1,443,011
3,134,460
1,515,114
15,383,787
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
..
13
Total support. (Add lines 9, 10c, 11, and 12.)..
510,459,107
491,077,042
517,346,312
509,496,410
513,488,104
2,541,866,975
14
First five years.
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public support percentage for 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
67.210 %
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
65.290 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
0.610 %
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
0.490 %
19a
33 1/3% support tests—2012.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3%, and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
........
b
33 1/3% support tests—2011.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
.....
20
Private foundation.
If the organization did not check a box on line 14, 19a, or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2012
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2012
Open to Public Inspection
Name of the organization
Southwest Research Institute
Employer identification number
74-1070544
Identifier
Return Reference
Explanation
Form 990, Part VI, Section A, line 5
I. The nature of the diversion. SwRI learned of the diversion on May 15, 2013. From October 2006 to May 2013, Employee No. 012188, former stockroom employee of SwRI, engaged in a pattern and practice of making irregular and unauthorized purchases of various items, predominantly consisting of Leatherman tools, specialized work gloves, and computer/electronic items. This employee made these charges against an overhead account for materials expenses. In addition, in March 2012, Employee No. 013904, also a former stockroom employee of SwRI, learned that Employee No. 012188 had the Leatherman tools and specialized gloves in question. This employee took receipt of some quantity of these Leatherman tools and specialized gloves in question with knowledge of their status as stolen goods and provided them to relatives. The investigation only revealed evidence that this employee provided a Leatherman tool to his father and a pair of specialized gloves to his cousin. II. The dollar amount of the diversion and or property involved. The direct loss quantification is as follows: Purchases from Fisher-Scientific: $506,050 Purchases from Other vendors: $ 78,229 Shipping Costs: $ 5,203 Total: $589,482 III. The corrective actions taken to address the matter. SwRI terminated the employment of both employees. Additionally, SwRI has implemented the following corrective actions to enhance internal controls with Fisher-Scientific: (1) Require all orders to be submitted via an approved ordering process; (2) Renewed and reinforced line item and per order limits with Fischer-Scientific; (3) Expanded monthly review of Fischer-Scientific invoices; (4) Require additional level of approval for orders place for stockroom supplies; (5) Providing staff training for the review and approval of purchase requisitions; (6) Reporting stockroom inventory transactions to operating divisions every two weeks; (7) Implemented new policies and procedures governing stockroom inventory control; (8) Implemented use of sign-out sheets for supply items obtained from stockrooms. IV. The pertinent circumstances. Employee No. 012188 primarily made the irregular and unauthorized purchases from Fischer-Scientific, a vendor to SwRI with expedited ordering procedures without use of the established Order Form and without regard to the approvals and order ceilings established between Fischer-Scientific and SwRI. This employee intercepted the items ordered and sold them on eBay. In addition, from October 2012 to May 2013, this employee charged unauthorized shipping costs to SwRI for the shipment of these items. SwRI reported the theft to the San Antonio Police Department and the Federal Bureau of Investigation (FBI). The FBI assisted the U.S. Attorney's office in the Western District of Texas in the prosecution of Employee No. 012188. He pled guilty to 4 counts of mail fraud and was sentenced to prison for 27 months and a term of supervised release for 3 years and ordered to pay $589,482 in restitution. Employee No. 013904 was terminated, but due to small dollar (one Leatherman tool and a pair of gloves) amount, no criminal prosecution was initiated. Neither Employee No. 012188 nor Employee No. 013904 were officers, directors, trustees, key employees or highest compensated employees. The diversion of assets was not an inurement of the organization's net earnings, nor was it an excess benefit transaction taxable under Section 4958 of the Internal Revenue Code as it did not involve a disqualified person.
Form 990, Part VI, Section B, line 11
A draft of Form 990 was reviewed with the Audit Committee of the Board of Directors. Schedule J compensation data was reviewed with the Compensation Committee. A copy of the completed Form 990, including all schedules, was electronically provided to all board members prior to filing.
Form 990, Part VI, Section B, line 12c
Directors of the organization are obligated under the conflict of interest policy to report all conflicts, to disclose all interests that could arise to conflicts, and all covered family and business relationships when completing the required annual disclosure questionnaire.
Form 990, Part VI, Section B, line 15
Determination of Compensation: SwRI's strategy is to provide compensation that is fair, reasonable, and consistent with compensation paid for similar work in relevant labor areas and with compensation paid by Institute competitors in the markets for scientific research and development (R&D) and other technical services. The principal compensation authority is vested with the Board of Directors; however, the President of the Institute retains the authority to determine how various programs will be structured and administered subject to the oversight of the Compensation Committee of the Board of Directors. The Committee uses reputable compensation survey data, gathered annually, to compare the compensation of Officers to peer groups, within the relevant market segments, targeting an appropriate percentile corresponding to performance both for the year in question, and considering longer-term performance trends for total compensation. This review shall include comparative analysis of compensation paid by the Institute to compensation paid by local, sector, and national applied research and development organizations of similar size, both for profit and nonprofit organizations. The Committee engages the services of an external compensation advisor when conducting such comparability studies. Compensation Committee Review and Approval: The Board of Director delegates to the Committee the responsibility, in consultation with the President to review, approve and inform the Board of Directors of the changes in annual compensation and benefits for all Officers, except the President and Executive Vice President. The Committe will review the performance of the President and Executive Vice President and make a recommendation to the Board of Director for the total compensation for both of these officers. Adequate documentation is created contemporaneously and maintained to substantiate the basis for the Committee's and the Board of Directors' determination of total compensation for the President and all other Officers.
Form 990, Part VI, Section C, line 19
The organization's governing documents, conflict of interest policy and financial statements are available to the public upon written request to the organization's Treasurer.
Changes in Net Assets or Fund Balances:
Form 990, Part XI, line 9:
NET GAIN ON DERIVATIVE INSTRUMENT 579,078. DECREASE OBLIGATION FOR GROUP ANNUITY(NET) 618,718. DECREASED OBLIGATION FOR PMBP (NET) 6,399,227. NET UNREALIZED GAIN OF PRMB 5,792,835.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.