N.Y. State Finance Law 179-T – Time frames for the execution of renewal contracts
§ 179-t. Time frames for the execution of renewal contracts. 1. (a) A state agency administering a contract shall notify the not-for-profit organization by mail of the agency's preliminary intention, subject to enactment of an appropriation, to renew or terminate the contract no later than ninety days prior to the end of the contract or any periods specified therein that require further contract documents in order to continue payments under the contract or thirty days after an appropriation providing funding for continued payments shall become law, whichever is later. In the event an appropriation is not necessary to renew the contract, such notification shall be mailed no later than ninety days prior to the end of the current contract. In the event an appropriation is necessary and a state budget has been enacted on or before the beginning of the state fiscal year in which the contract is to be renewed or terminated, which provides sufficient funding to the state agency to enable it to renew the contract, such notification shall be mailed no later than ninety days prior to the end of the current contract. In the event a state budget has not been enacted by the beginning of the state fiscal year in which the contract is to be renewed or terminated, such notification shall be mailed the later of: (i) thirty days after the enactment of a state budget which provides sufficient funding to the state agency to enable it to renew the contract; or (ii) ninety days prior to the end of the contract or any period specified therein that require further contract documents in order to continue payments under the contract.
Terms Used In N.Y. State Finance Law 179-T
- 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.
- 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
- 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. 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
(b) In the event that a state agency is unable to comply with the time frames set forth in paragraph (a) of this subdivision due to unusual circumstances beyond the control of the state, no payment of interest shall be due to the not-for-profit organization. Such state agency shall document the unusual circumstances which are the basis for its inability to comply in a written notice to the office of the state comptroller, division of the budget and the not-for-profit organization on or before the date set forth in this subdivision for renewal of the contract. For the purposes of this paragraph, "unusual circumstances" does not mean such state agency's: (i) failure to plan for implementation of a program; (ii) failure to assign sufficient staff resources to implement a program; (iii) failure to establish a schedule for the implementation of a program; or (iv) failure to anticipate any other reasonably foreseeable circumstance.
(c) Not more than twenty days after the receipt of such written notice, the comptroller shall determine whether unusual circumstances beyond the control of the state warrant the denial of interest. The comptroller shall thereupon inform such state agency, the division of the budget, and such not-for-profit organization of such determination. If such determination concludes that the circumstances do not warrant a denial of interest, such state agency shall then immediately submit for the comptroller's approval a voucher requesting the payment of interest to such not-for-profit organization as required by section one hundred seventy-nine-v of this article.
2. The notice required by subdivision one of this section shall be in the form of a letter or may be the renewal contract. If the agency does not intend to renew the contract, such notification shall be in writing with reasons provided therefor. If the agency does not intend to renew the contract and does not notify the not-for-profit organization as required, the contract is deemed to continue and shall remain in effect until such time as the agency notifies the not-for-profit organization in the manner set forth in this subdivision. Expenses incurred during the extension shall be reimbursable under the terms of the existing contract.
3. Upon notifying a not-for-profit organization of its intent to renew a contract with such not-for-profit organization, the state agency shall negotiate a renewal contract and shall issue a written directive to the organization. The state agency shall take all necessary steps to insure that simplified contract documents are used to the maximum extent feasible.
4. A state agency shall submit any renewal contract to the attorney general no later than sixty days prior to the commencement date of the succeeding contract for his approval and the attorney general shall within fifteen days either approve such renewal contract or disapprove and return the renewal contract to the state agency with his reasons therefor. Upon approval of the attorney general all renewal contracts shall be delivered to the comptroller. Provided, however, a state agency shall submit any renewal contract consisting of simplified contract documents directly to the comptroller no later than sixty days prior to the commencement date of the succeeding contract. The comptroller shall within fifteen days after receipt of a renewal contract either approve such contract or disapprove and return such contract to the state agency with his reasons therefor. Immediately upon receiving notice of approval of the renewal contract from the comptroller, the state agency shall mail notification of such approval to the not-for-profit organization.
5. Any state agency in receipt of a renewal contract disapproved by the attorney general or comptroller shall immediately notify the affected not-for-profit organization and undertake, in conjunction with the organization, those actions necessary and appropriate, if any, to remedy any deficiencies in the contract.