Section 179-W. Notification and suspension  


Latest version.
  • 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.