§ 179-T — Time frames for the execution of renewal contracts

New York § 179-T

• Jurisdiction: New York
• Law STF: State Finance
• Art. 11-B: Prompt Contracting and Interest Payments For Not-for-profit Organizations

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§ 179-t. Time frames for the execution of renewal contracts. 1. (a) A\nstate agency administering a contract shall notify the not-for-profit\norganization by mail of the agency's preliminary intention, subject to\nenactment of an appropriation, to renew or terminate the contract no\nlater than ninety days prior to the end of the contract or any periods\nspecified therein that require further contract documents in order to\ncontinue payments under the contract or thirty days after an\nappropriation providing funding for continued payments shall become law,\nwhichever is later. In the event an appropriation is not necessary to\nrenew the contract, such notification shall be mailed no later than\nninety days prior to the end of the current contract. In the event an\nappropriation is necessary and a state budget has been enacted on or\nbefore the beginning of the state fiscal year in which the contract is\nto be renewed or terminated, which provides sufficient funding to the\nstate agency to enable it to renew the contract, such notification shall\nbe mailed no later than ninety days prior to the end of the current\ncontract. In the event a state budget has not been enacted by the\nbeginning of the state fiscal year in which the contract is to be\nrenewed or terminated, such notification shall be mailed the later of:\n(i) thirty days after the enactment of a state budget which provides\nsufficient funding to the state agency to enable it to renew the\ncontract; or (ii) ninety days prior to the end of the contract or any\nperiod specified therein that require further contract documents in\norder to continue payments under the contract.\n (b) In the event that a state agency is unable to comply with the time\nframes set forth in paragraph (a) of this subdivision due to unusual\ncircumstances beyond the control of the state, no payment of interest\nshall be due to the not-for-profit organization. Such state agency shall\ndocument the unusual circumstances which are the basis for its inability\nto comply in a written notice to the office of the state comptroller,\ndivision of the budget and the not-for-profit organization on or before\nthe date set forth in this subdivision for renewal of the contract. For\nthe purposes of this paragraph, "unusual circumstances" does not mean\nsuch state agency's: (i) failure to plan for implementation of a\nprogram; (ii) failure to assign sufficient staff resources to implement\na program; (iii) failure to establish a schedule for the implementation\nof a program; or (iv) failure to anticipate any other reasonably\nforeseeable circumstance.\n (c) Not more than twenty days after the receipt of such written\nnotice, the comptroller shall determine whether unusual circumstances\nbeyond the control of the state warrant the denial of interest. The\ncomptroller shall thereupon inform such state agency, the division of\nthe budget, and such not-for-profit organization of such determination.\nIf such determination concludes that the circumstances do not warrant a\ndenial of interest, such state agency shall then immediately submit for\nthe comptroller's approval a voucher requesting the payment of interest\nto such not-for-profit organization as required by section one hundred\nseventy-nine-v of this article.\n 2. The notice required by subdivision one of this section shall be in\nthe form of a letter or may be the renewal contract. If the agency does\nnot intend to renew the contract, such notification shall be in writing\nwith reasons provided therefor. If the agency does not intend to renew\nthe contract and does not notify the not-for-profit organization as\nrequired, the contract is deemed to continue and shall remain in effect\nuntil such time as the agency notifies the not-for-profit organization\nin the manner set forth in this subdivision. Expenses incurred during\nthe extension shall be reimbursable under the terms of the existing\ncontract.\n 3. Upon notifying a not-for-profit organization of its intent to renew\na contract with such not-for-profit organization, the state agency shall\nnegotiate a renewal contract and shall issue a written directive to the\norganization. The state agency shall take all necessary steps to insure\nthat simplified contract documents are used to the maximum extent\nfeasible.\n 4. A state agency shall submit any renewal contract to the attorney\ngeneral no later than sixty days prior to the commencement date of the\nsucceeding contract for his approval and the attorney general shall\nwithin fifteen days either approve such renewal contract or disapprove\nand return the renewal contract to the state agency with his reasons\ntherefor. Upon approval of the attorney general all renewal contracts\nshall be delivered to the comptroller. Provided, however, a state agency\nshall submit any renewal contract consisting of simplified contract\ndocuments directly to the comptroller no later than sixty days prior to\nthe commencement date of the succeeding contract. The comptroller shall\nwithin fifteen days after receipt of a renewal contract either approve\nsuch contract or disapprove and return such contract to the state agency\nwith his reasons therefor. Immediately upon receiving notice of approval\nof the renewal contract from the comptroller, the state agency shall\nmail notification of such approval to the not-for-profit organization.\n 5. Any state agency in receipt of a renewal contract disapproved by\nthe attorney general or comptroller shall immediately notify the\naffected not-for-profit organization and undertake, in conjunction with\nthe organization, those actions necessary and appropriate, if any, to\nremedy any deficiencies in the contract.\n