N.Y. State Fin. Law § 179-Q

Current through 2024 NY Law Chapter 457

Section 179-Q - Definitions

As used in this article the following terms shall have the following meanings unless otherwise specified:

1. "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.

2. "Contract approval process" means all activities required to take place prior to the final execution of a contract. Such process shall include, but not be limited to, the submission of program plans, the issuance of certificates of approval, the development and issuance of an RFP as herein defined or other bid document, review and approval of all responses to the RFP, notification of a contract award, and the preparation, signing and approval of a contract by all required state officials and the not-for-profit organizations.

3. "Certificate of approval" means the document approved by the director of the budget that authorizes an agency to expend funds in accordance with section forty-nine of this chapter.

4. "Fully-executed contract" means a contractual agreement signed by both a state agency and a not-for-profit organization, subsequently approved by the office of the state comptroller and placed on file in that office, which is thereafter enforceable by law.

5. "Advance payment" means a payment or payments made by a state agency to a not-for-profit organization for services rendered pursuant to a written directive or as the result of exercising an advance payment provision included in a contract or renewal contract.

6. "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. The plan must also include an outline of goals and objectives for any program undertaken by a not-for-profit organization or groups of organizations on behalf of the state.

7. "Not-for-profit organization" or "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. 599), as amended, a corporation established by merger of charitable organizations pursuant to an order of the supreme court, New York county dated July twenty-first, nineteen hundred eighty-six and filed in the department of state on July twenty-ninth, nineteen hundred eighty-six, or a corporation having tax exempt status under section 501(c)(3) of the United States Internal revenue code, and shall further be deemed to mean and include any federation of charitable organizations.

8. "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.

9. "Renewal contract" means the documents necessary to continue in effect an existing contract between a state agency and not-for-profit organization, including any simplified contract documents in a form approved by the office of the state comptroller.

10. "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.

11. "Program appropriation" means any and all appropriations to an agency for a single program purpose or the same or similar program purposes. Provided, however, the term program appropriations shall not include an appropriation in the capital projects budget or an appropriation to be expended by a state agency under a construction contract to which the state agency is a party.

12. "Scheduled commencement date" means the beginning date of the term of a contract as stated in the contract or in a written directive.

13. "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.

14. "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. All written directives shall state that payment for the services provided is subject to the availability of appropriations, execution of either the contract or renewal contract, and approval of the contract or renewal contract by the comptroller and the attorney general.

N.Y. State Fin. Law § 179-Q