N.Y. State Finance Law § 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.