N.Y. State Finance Law § 112: Accounting systems; approval of contracts

§ 112. Accounting systems; approval of contracts. 1. The comptroller

shall prepare and prescribe a system of accounting and a form of

accounts to be installed and observed in every state department and in

every state institution, which shall be accepted and followed by them

respectively, after thirty days' notice thereof. Such forms shall

include such a uniform method of bookkeeping, filing and rendering

accounts as may insure a uniform statement of purchase of like articles,

whether by the pound, measure or otherwise, as the interests of the

public service may require, and a uniform method of reporting in such

institutions and departments, the amount and value of all produce and

other articles of maintenance raised upon the lands of the state, or

manufactured in such institution, and which may enter into the

maintenance of such institution or department. All purchases for the use

of any department, office or work of the state government, shall be for

cash. Each voucher, whether for a purchase or for services or other

charge shall be filled up at the time it is taken. Where payment is not

made directly by the department of taxation and finance, proof in some

proper form shall be furnished on oath that the voucher was so filled up

at the time it was taken, and that the money stated therein to have been

paid, was in fact paid in cash or by check or draft on some specified

bank.

1-a. The system of accounting prescribed by the comptroller pursuant

to the provisions of subdivision one of this section shall be subject to

such internal control as the comptroller deems necessary.

2. (a) (i) Before any contract: (1) made for or by any state agency,

department, board, officer, commission, or institution, except the

office of general services or its customer agencies serviced by the

office of general services business services center, shall be executed

or become effective, whenever such contract exceeds fifty thousand

dollars in amount, it shall first be approved by the office of the

comptroller and filed in his or her office; (2) made for or by the

office of general services, whether for itself or for its customer

agencies serviced by the office of general services business services

center, shall be executed or become effective, whenever such contract

exceeds eighty-five thousand dollars in amount, it shall first be

approved by the comptroller and filed in his or her office; or (3)

established as a centralized contract through the office of general

services shall be executed or become effective, whenever such contract

exceeds one hundred twenty-five thousand dollars in amount, it shall

first be approved by the comptroller and filed in his or her office;

provided, however, before any purchase order or other procurement

transaction issued under such centralized contract, which exceeds two

hundred thousand dollars in amount shall be executed or become

effective, it shall first be approved by the comptroller and filed in

his or her office. Provided, further, however, that with the exception

of contracts identified in subparagraph (ii) of this paragraph the

comptroller shall make a final written determination with respect to

approval of such contract within ninety days of the submission of such

contract to his or her office unless the comptroller shall notify, in

writing, the state agency, department, board, officer, commission, or

institution, prior to the expiration of the ninety day period, and for

good cause, of the need for an extension of not more than fifteen days,

or a reasonable period of time agreed to by such state agency,

department, board, officer, commission, or institution and provided,

further, that such written determination or extension shall be made part

of the procurement record pursuant to paragraph f of subdivision one of

section one hundred sixty-three of this chapter.

(ii) Before any contract established as a centralized contract through

the office of general services, as provided for in item three of

subparagraph (i) of this paragraph, or any contract made in accordance

with subdivision five, six or paragraph b of subdivision sixteen of

section three hundred fifty-five of the education law, section three

hundred seventy-three of the education law, section sixty-two hundred

eighteen of the education law, or section sixty-two hundred seventy-five

of the education law, shall be executed or become effective, such

contract shall first be approved by the comptroller and filed in his or

her office. Provided, however, that the comptroller shall make a final

written determination with respect to approval of such contract within

seventy-five days of the submission of such contract to his or her

office unless the comptroller shall notify, in writing, the state

agency, department, board, officer, commission, or institution, prior to

the expiration of the seventy-five day period, and for good cause, of

the need for an extension of not more than fifteen days, or a reasonable

period of time agreed to by such state agency, department, board,

officer, commission, or institution and provided, further, that such

written determination or extension shall be made part of the procurement

record pursuant to paragraph f of subdivision one of section one hundred

sixty-three of this chapter.

(b) Whenever any liability of any nature shall be incurred by or for

any state department, board, officer, commission, or institution, notice

that such liability has been incurred shall be immediately given in

writing to the state comptroller.

3. A contract or other instrument wherein the state or any of its

officers, agencies, boards or commissions agrees to give a consideration

other than the payment of money, when the value or reasonably estimated

value of such consideration exceeds twenty-five thousand dollars, shall

not become a valid enforceable contract unless such contract or other

instrument shall first be approved by the comptroller and filed in his

office.

4. The provisions of this section shall be controlling, any other

general, special or local law inconsistent therewith notwithstanding,

unless this section is expressly and specifically referred to in such

other general, special or local law; except that any agreement or

contract negotiated pursuant to article fourteen of the civil service

law, in accordance with article twenty-four of the executive law or

otherwise, shall not be subject to the requirements of this section or

chapter and shall become effective and binding in accordance with the

provisions of said article fourteen.