§ 179-W — Notification and suspension

New York § 179-W

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

Text

§ 179-w. Notification and suspension. 1. Any determination or\nnotification pursuant to the provisions of this article shall be in\nwriting and shall immediately be provided to any directly affected\nnot-for-profit organization, the chairman of the senate finance\ncommittee, the chairman of the assembly ways and means committee and the\nstate comptroller who shall include such notification in the procurement\nrecord.\n 2. In the event that a state agency, including the comptroller,\ndivision of budget, or the attorney general shall determine that\nextenuating circumstances exist which prevent such agency from complying\nwith the time frames required by this article, such agency shall\nimmediately provide written notification of such determination to any\ndirectly affected not-for-profit organization, the office of the state\ncomptroller, the chairman of the senate finance committee and the\nchairman of the assembly ways and means committee. Such written\nnotification shall include an explanation of the circumstances and shall\nstate the specific amount of the time for which the specified provisions\nof this article relating to time frames shall be suspended. Except as\nprovided in subdivision three of this section, no suspension shall be\nvalid unless it shall state such specific amount of time, provided that\nthe cumulative length of suspensions declared by any state agency\npursuant to this section, except such subdivision three, when added\ntogether shall not be valid if declared for a period greater than four\nand one-half months in any fiscal year.\n 3. Upon determining that significant and substantive differences exist\nbetween the state agency and the not-for-profit organization in the\nnegotiation of a contract or renewal contract or when the state agency\nmakes a determination that the not-for-profit organization is not\nnegotiating in good faith, such agency may suspend the written directive\nand any subsequent interest payments or subsequent advance payments\nrequired to be provided pursuant to this article. Upon such suspension\nthe state agency shall be required to provide the affected\nnot-for-profit organization with written notification of such\ndetermination and the reasons therefor, and also to provide such notice\nto the comptroller, who shall include it in the procurement record.\n