N.Y. State Finance Law 179-S – Time frames for the implementation of new programs and the execution of new contracts
§ 179-s. Time frames for the implementation of new programs and the execution of new contracts. 1. A state agency shall have not more than one hundred fifty days following the latest date on which any of the appropriations covered by the program plan become law to execute contracts with not-for-profit organizations pursuant to the program plan. Upon execution of each contract by the state agency and the not-for-profit organization, the contract shall immediately be delivered to the attorney general for approval. The attorney general shall within fifteen days of receipt either approve such contract or disapprove and return the contract to the state agency with reasons therefor. Upon approval, the contract shall be delivered to the comptroller who shall within fifteen days of receipt either approve and file such contract or disapprove and return the contract to the state agency with his reasons therefor.
Terms Used In N.Y. State Finance Law 179-S
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an enforceable agreement entered into by a not-for-profit organization and a state agency or any agent acting for such state agency in the procurement process. See N.Y. State Finance Law 179-Q
- organization: means a domestic corporation incorporated pursuant to or otherwise subject to the not-for-profit corporation law, a charitable organization registered with the secretary of state, a special act corporation created pursuant to chapter four hundred sixty-eight of the laws of eighteen hundred ninety-nine, as amended, a special act corporation formed pursuant to chapter two hundred fifty-six of the laws of nineteen hundred seventeen, as amended, a corporation authorized pursuant to an act of congress approved January fifth, nineteen hundred five, (33 stat. See N.Y. State Finance Law 179-Q
- Program: means a provision of law authorizing a state agency to undertake activities that are to be accomplished in whole or in part through contracts with not-for-profit organizations. See N.Y. State Finance Law 179-Q
- Program plan: means the document developed by a state agency, which shall include for each program: (a) the amounts to be allocated for renewal of contracts; (b) the amounts to be allocated for new contracts; (c) the method by which all contracts will be awarded, such methods shall include, but not be limited to, requests for proposals, preferred provider, and sole source; (d) the timetable for the selection of providers and contract development, including but not limited to, timetables for RFP development and response and provider notification; and (e) the timetable for promulgation of regulations as may be required for implementation. See N.Y. State Finance Law 179-Q
- RFP: means a request for proposals issued by a state agency for the purpose of soliciting not-for-profit organizations to operate a program or perform a service through a contract with a state agency. See N.Y. State Finance Law 179-Q
- State agency: means any department, board, bureau, commission, division, office, council, institution or committee in the executive branch of government, the urban development corporation or the natural heritage trust to which an appropriation is made for the purposes of carrying out a program as defined herein. See N.Y. State Finance Law 179-Q
2. In those instances where an RFP is not the method of contracting identified in the program plan a state agency shall not have more than one hundred twenty days following the latest date on which any of the appropriations covered by the program plan become law to execute contracts with not-for-profit organizations pursuant to the program plan.
3. Upon receipt of a contract disapproved by either the attorney general or comptroller a state agency shall immediately notify the affected not-for-profit organization and shall undertake, in conjunction with the not-for-profit organization, those actions necessary and appropriate, if any, to remedy any deficiencies in the contract.