N.Y. State Finance Law § 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.