§ 179-Q — Definitions

§ 179-q. Definitions. As used in this article the following terms\nshall have the following meanings unless otherwise specified:\n 1. "Contract" means an enforceable agreement entered into by a\nnot-for-profit organization and a state agency or any agent acting for\nsuch state agency in the procurement process.\n 2. "Contract approval process" means all activities required to take\nplace prior to the final execution of a contract. Such process shall\ninclude, but not be limited to, the submission of program plans, the\nissuance of certificates of approval, the development and issuance of an\nRFP as herein defined or other bid document, review and approval of all\nresponses to the RFP, notification of a contract award, and the\npreparation, signing and approval of a contract by all required state\nofficials and the not-for-profit organizations.\n 3. "Certificate of approval" means the document approved by the\ndirector of the budget that authorizes an agency to expend funds in\naccordance with section forty-nine of this chapter.\n 4. "Fully-executed contract" means a contractual agreement signed by\nboth a state agency and a not-for-profit organization, subsequently\napproved by the office of the state comptroller and placed on file in\nthat office, which is thereafter enforceable by law.\n 5. "Advance payment" means a payment or payments made by a state\nagency to a not-for-profit organization for services rendered pursuant\nto a written directive or as the result of exercising an advance payment\nprovision included in a contract or renewal contract.\n 6. "Program plan" means the document developed by a state agency,\nwhich shall include for each program: (a) the amounts to be allocated\nfor renewal of contracts; (b) the amounts to be allocated for new\ncontracts; (c) the method by which all contracts will be awarded, such\nmethods shall include, but not be limited to, requests for proposals,\npreferred provider, and sole source; (d) the timetable for the selection\nof providers and contract development, including but not limited to,\ntimetables for RFP development and response and provider notification;\nand (e) the timetable for promulgation of regulations as may be required\nfor implementation. The plan must also include an outline of goals and\nobjectives for any program undertaken by a not-for-profit organization\nor groups of organizations on behalf of the state.\n 7. "Not-for-profit organization" or "organization" means a domestic\ncorporation incorporated pursuant to or otherwise subject to the\nnot-for-profit corporation law, a charitable organization registered\nwith the secretary of state, a special act corporation created pursuant\nto chapter four hundred sixty-eight of the laws of eighteen hundred\nninety-nine, as amended, a special act corporation formed pursuant to\nchapter two hundred fifty-six of the laws of nineteen hundred seventeen,\nas amended, a corporation authorized pursuant to an act of congress\napproved January fifth, nineteen hundred five, (33 stat. 599), as\namended, a corporation established by merger of charitable organizations\npursuant to an order of the supreme court, New York county dated July\ntwenty-first, nineteen hundred eighty-six and filed in the department of\nstate on July twenty-ninth, nineteen hundred eighty-six, or a\ncorporation having tax exempt status under section 501(c)(3) of the\nUnited States Internal revenue code, and shall further be deemed to mean\nand include any federation of charitable organizations.\n 8. "RFP" means a request for proposals issued by a state agency for\nthe purpose of soliciting not-for-profit organizations to operate a\nprogram or perform a service through a contract with a state agency.\n 9. "Renewal contract" means the documents necessary to continue in\neffect an existing contract between a state agency and not-for-profit\norganization, including any simplified contract documents in a form\napproved by the office of the state comptroller.\n 10. "Program" means a provision of law authorizing a state agency to\nundertake activities that are to be accomplished in whole or in part\nthrough contracts with not-for-profit organizations.\n 11. "Program appropriation" means any and all appropriations to an\nagency for a single program purpose or the same or similar program\npurposes. Provided, however, the term program appropriations shall not\ninclude an appropriation in the capital projects budget or an\nappropriation to be expended by a state agency under a construction\ncontract to which the state agency is a party.\n 12. "Scheduled commencement date" means the beginning date of the term\nof a contract as stated in the contract or in a written directive.\n 13. "State agency" means any department, board, bureau, commission,\ndivision, office, council, institution or committee in the executive\nbranch of government, the urban development corporation or the natural\nheritage trust to which an appropriation is made for the purposes of\ncarrying out a program as defined herein.\n 14. "Written directive" means a written request by a state agency to a\nnot-for-profit organization authorizing such organization either to\nbegin providing services during the negotiation of a contract or to\ncontinue providing services during the negotiation of a renewal\ncontract. All written directives shall state that payment for the\nservices provided is subject to the availability of appropriations,\nexecution of either the contract or renewal contract, and approval of\nthe contract or renewal contract by the comptroller and the attorney\ngeneral.\n