N.Y. State Finance Law 179-W – Notification and suspension
§ 179-w. Notification and suspension. 1. Any determination or notification pursuant to the provisions of this article shall be in writing and shall immediately be provided to any directly affected not-for-profit organization, the chairman of the senate finance committee, the chairman of the assembly ways and means committee and the state comptroller who shall include such notification in the procurement record.
Terms Used In N.Y. State Finance Law 179-W
- 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
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- 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
- 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
- Written directive: means a written request by a state agency to a not-for-profit organization authorizing such organization either to begin providing services during the negotiation of a contract or to continue providing services during the negotiation of a renewal contract. See N.Y. State Finance Law 179-Q
2. In the event that a state agency, including the comptroller, division of budget, or the attorney general shall determine that extenuating circumstances exist which prevent such agency from complying with the time frames required by this article, such agency shall immediately provide written notification of such determination to any directly affected not-for-profit organization, the office of the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Such written notification shall include an explanation of the circumstances and shall state the specific amount of the time for which the specified provisions of this article relating to time frames shall be suspended. Except as provided in subdivision three of this section, no suspension shall be valid unless it shall state such specific amount of time, provided that the cumulative length of suspensions declared by any state agency pursuant to this section, except such subdivision three, when added together shall not be valid if declared for a period greater than four and one-half months in any fiscal year.
3. Upon determining that significant and substantive differences exist between the state agency and the not-for-profit organization in the negotiation of a contract or renewal contract or when the state agency makes a determination that the not-for-profit organization is not negotiating in good faith, such agency may suspend the written directive and any subsequent interest payments or subsequent advance payments required to be provided pursuant to this article. Upon such suspension the state agency shall be required to provide the affected not-for-profit organization with written notification of such determination and the reasons therefor, and also to provide such notice to the comptroller, who shall include it in the procurement record.