New York Laws
Article 11-B - Prompt Contracting and Interest Payments for Not-for-Profit Organizations
179-W - Notification and Suspension.

§ 179-w. Notification and suspension. 1. Any determination or
notification pursuant to the provisions of this article shall be in
writing and shall immediately be provided to any directly affected
not-for-profit organization, the chairman of the senate finance
committee, the chairman of the assembly ways and means committee and the
state comptroller who shall include such notification in the procurement
record.

2. In the event that a state agency, including the comptroller,
division of budget, or the attorney general shall determine that
extenuating circumstances exist which prevent such agency from complying
with the time frames required by this article, such agency shall
immediately provide written notification of such determination to any
directly affected not-for-profit organization, the office of the state
comptroller, the chairman of the senate finance committee and the
chairman of the assembly ways and means committee. Such written
notification shall include an explanation of the circumstances and shall
state the specific amount of the time for which the specified provisions
of this article relating to time frames shall be suspended. Except as
provided in subdivision three of this section, no suspension shall be
valid unless it shall state such specific amount of time, provided that
the cumulative length of suspensions declared by any state agency
pursuant to this section, except such subdivision three, when added
together shall not be valid if declared for a period greater than four
and one-half months in any fiscal year.

3. Upon determining that significant and substantive differences exist
between the state agency and the not-for-profit organization in the
negotiation of a contract or renewal contract or when the state agency
makes a determination that the not-for-profit organization is not
negotiating in good faith, such agency may suspend the written directive
and any subsequent interest payments or subsequent advance payments
required to be provided pursuant to this article. Upon such suspension
the state agency shall be required to provide the affected
not-for-profit organization with written notification of such
determination and the reasons therefor, and also to provide such notice
to the comptroller, who shall include it in the procurement record.