N.Y. Comp. Codes R. & Regs. tit. 21 § 109.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 109.1 - Definitions

As used in this Part, the following terms shall have the following meanings, unless otherwise specified:

(a) Authority means the Thruway Authority when it has entered into a contract with a contractor.

(b) Comptroller means the Office of the State Comptroller.

(c) Contract means any enforceable agreement entered into between the authority and a contractor on or after May 1, 1988, including but not limited to written agreements, contracts and purchase orders, oral requests by the authority for goods or services, and also include public utility services and lease agreements.

(d) Contractor means any person, partnership, private corporation or association:

(1) selling materials, equipment or supplies, or leasing property or equipment to the authority;

(2) constructing, reconstructing, rehabilitating or repairing buildings, highways, or other improvements for or on behalf of the authority; or

(3) rendering or providing service to the authority pursuant to a contract.

(e) Contract payment date means the specifically enumerated date by which payment under the contract must be made in order for the authority not to become liable for interest payments hereunder in accordance with section 109.3(c) and (d) of this Part.

(f) Designated payment office means the Bureau of Accounting, Department of Finance and Accounts, Thruway Authority, Administrative Headquarters, 200 Southern Boulevard, P.O. Box 189, Albany, NY.

(g) Proper invoice means a written request for a contract payment that is submitted by or for a contractor setting forth the description, price and quantity of goods, property or services delivered or rendered, in such form and supported by such other substantiating documentation as the authority, in its discretion, may reasonably require in order to document and verify the proper charge due and owing to the contractor.

(h) Receipt of an invoice means:

(1) the date on which a proper invoice is actually received in the designated payment office; or

(2) the date on which the authority actually receives the purchased goods, property or services covered by the proper invoice, whichever is later; or

(3) in regard to final payments on all construction contracts (whether highway or architectural) and on any and all engineering/architectural agreements for professional services, construction inspection or design, the date on which the contract work has been accepted as completed by the authority's chief engineer; or in those contracts undertaken for the Thruway Authority by the Department of Transportation, the procedure followed by the department under article XI-A, sections 179-d through 179-p of the State Finance Law will govern payment on those contracts.

(i) Required payment date means the 45th day after the receipt of a proper invoice as defined in subdivisions (g) and (h) of this section; or after July 1, 1989, the 30th day after the receipt of a proper invoice as defined in subdivisions (g) and (h) of this section.

(j) Setoff means the reduction by the authority of a payment due to a contractor by an amount equal to the amount of an unpaid, legally enforceable debt owed by the contractor to the authority.

(k) Statement means these rules and regulations, and any amendments hereto, adopted by the Thruway Authority pursuant to the Public Authorities Law, section 2880, implementing its policy and procedures in regard to the payment of its contractors in an expeditious and fair manner before the accrual of interest thereon.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 109.1