New York § 179-W - 179-WNotification and suspension

§ 179-W. 179-WNotification and suspension

§ 179-w. Notification and suspension. 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.