NY State Fin L § 179-Q (2021)
2021 New York Laws STF - State Finance Article 11-B - Prompt Contracting and Interest Payments for Not-for-Profit Organizations 179-Q - Definitions.

§  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.