21 CRR-NY 1002.2NY-CRR
21 CRR-NY 1002.2
21 CRR-NY 1002.2
1002.2 Definitions.
As used in this Part, the following terms shall have the following meanings unless otherwise specified:
(a) Corporation means the Metropolitan Transportation Authority, the New York City Transit Authority, the Manhattan and Bronx Surface Transit Operating Authority, the Staten Island Rapid Transit Operating Authority, the Long Island Rail Road Company, the Metro-North Commuter Railroad Company, the Metropolitan Suburban Bus Authority, the Triborough Bridge and Tunnel Authority, or the Metropolitan Transportation Authority Card Company, as the case may be.
(b) Contract means an enforceable agreement entered into by a contractor and the corporation, including but not limited to written contracts and purchase orders, written or oral requests for goods or services, including public utility services and lease agreements.
(c) Contractor means any person, partnership, firm, corporation or association, including public utilities and not-for-profit organizations:
(1) selling materials, equipment, or supplies or leasing property or equipment to the corporation; or
(2) constructing, reconstructing, rehabilitating or repairing buildings, highways or other improvements for, or on behalf of, the corporation; or
(3) rendering or providing services to the corporation pursuant to a contract.
(d) Designated payment office means the office designated by the corporation to which a proper invoice is to be submitted by a contractor.
(e) Payment date means the date on which a check for payment pursuant to a contract is dated.
(f) Proper invoice means a written request for a contract payment that is submitted by a contractor to the designated payment office 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 corporation may require.
(g) Receipt of an invoice ("ROI") means:
(1) the date on which a proper invoice is actually received in the designated payment office; or
(2) the date on which the corporation receives the purchased goods, property or services covered by the proper invoice, whichever is later; or
(3) in regard to progress payments on capital construction projects, the date on which there is concurrence between the contractor and the project manager or chief engineer or their designee with respect to the preliminary estimate of the value of work performed during the billing period; or
(4) in regard to final payments on capital construction contracts, the date on which the contract work has been accepted as completed by the project manager or chief engineer of the corporation or their designee; or
(5) in regard to the deposit or submission by a contractor of bonds, notes, securities or other collateral in substitution for contract amounts retained by the corporation, as permitted by statute or contract, the date the proper bonds, notes, securities or other collateral are deposited or submitted.
(h) Setoff means the reduction by the corporation 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 corporation, and shall include, but not be limited to, unused credit advices received from the contractor, liquidated damages under the contract, contractor liability for personal injury, property damage or other loss, damages for default regarding a proposal, or for breach of contract, as well as for any extra contractual claim for liability or damages of any nature.
21 CRR-NY 1002.2
Current through July 15, 2021
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