2023 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.