New York Laws
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.