New York Codes, Rules and Regulations
Title 2 - DEPARTMENT OF AUDIT AND CONTROL
Chapter I - Audit Of Revenues And Accounts Payable From State Funds And Funds Under Its Control
Part 22 - Prompt Contracting And Interest Payments For Not-for-profit Organizations
Section 22.5 - Written directives

Universal Citation: 2 NY Comp Codes Rules and Regs ยง 22.5

Current through Register Vol. 46, No. 12, March 20, 2024

(a)

(1) Upon receipt of a written directive (by mail or electronic mail) a not-for-profit organization may begin to provide the services required by a State agency on the date provided by such written directive. A written directive means a written request by a State agency to a not-for-profit organization authorizing such organization either to begin providing services during the negotiation of a contract or to continue providing services during the negotiation of a renewal contract. For purposes of this section, a State agency shall be deemed to have issued a written directive where:
(i) with respect to a renewal contract it has provided notice to the not-for-profit organization of its intent to renew the contract which shall include the transmission of a proposed renewal agreement to the not-for-profit organization; or

(ii) with respect to new contracts, it has provided the not-for-profit organization with a proposed contract containing a start date, in which case such start date shall be deemed the date of the written directive.

(2) If a written directive does not contain a start date, then the not-for-profit is authorized to provide services immediately.

(b) Any not-for-profit organization receiving a written directive to perform services under a new contract between such not-for-profit organization and a State agency that has not been fully executed by the contract start date shall be eligible for interest payments to the extent authorized by section 22.7 of this Part.

(c) In order for a State agency to exercise an option in an existing contract to provide for an additional quarter of financing or any advance payment to such not-for-profit organization in accordance with section 22.6 of this Part, the State agency shall provide a written directive to such organization.

(d) Any not-for-profit organization in receipt of a written directive from a State agency with an existing contract which does not contain an optional financing quarter may be eligible for an advance payment in accordance with section 22.6 of this Part.

(e) A written directive shall only be executed by State agency personnel duly authorized to sign contracts on behalf of such State agency.

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