N.Y. State Finance Law 179-EE – Other provisions for contracts and appropriations
§ 179-ee. Other provisions for contracts and appropriations. 1. Notwithstanding any other provision of this article to the contrary, for the purposes of calculating timeframes as provided in section one hundred seventy-nine-s of this article, the enactment date of an appropriation which finances a contract with a not-for-profit organization which has been identified for a state agency without the use of a request for proposals shall be deemed to be the date on which such not-for-profit organization is identified.
Terms Used In N.Y. State Finance Law 179-EE
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- 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
- 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. Notwithstanding any other provision of this article, no state agency shall be liable for interest payments on contracts executed pursuant to appropriations made in whole or in part for liabilities incurred in a prior fiscal year.
3. A modification to a contract that would result in a transfer of funds among program activities or budget cost categories but does not affect the amount, consideration, scope or other terms of such contract shall not, by itself, require such contract and modification to be submitted to the comptroller for review; provided, however, where the amount of such modification is, as a portion of the total value of the contract, equal to or greater than ten percent for contracts of less than five million dollars, or five percent for contracts of more than five million dollars, the comptroller may require that such modification be submitted to him or her for review.