Section 160. Definitions  


Latest version.
  • As used in this article, the following terms shall
      have the following meanings unless specified otherwise:
        1.  "Centralized  contract"  means  any  contract  for the purchase of
      commodities or services, established or approved by the commissioner  of
      general  services as meeting the state's requirements including, but not
      limited to, any contract let by the federal government, other  state  or
      local governments or purchasing consortia.
        2. "Commissioner" means the commissioner of general services.
        3.   "Commodity"  or  "commodities"  means,  except  with  respect  to
      contracts  for  state  printing,  material  goods,  supplies,  products,
      construction  items  or  other  standard articles of commerce other than
      technology which are the subject of any purchase or other exchange.
        4. "Construction item" means any item or material used in construction
      and which is procured directly by a state agency or by  a  person  other
      than a municipality under contract with a state agency.
        5.  "Costs"  as  used  in  this  article shall be quantifiable and may
      include, without limitation, the price of  the  given  good  or  service
      being  purchased;  the administrative, training, storage, maintenance or
      other overhead associated with a given good or  service;  the  value  of
      warranties, delivery schedules, financing costs and foregone opportunity
      costs  associated  with  a  given good or service; and the life span and
      associated  life  cycle  costs  of  the  given  good  or  service  being
      purchased.  Life  cycle  costs may include, but shall not be limited to,
      costs or savings associated with construction, energy use,  maintenance,
      operation, and salvage or disposal.
        6. "Price" unless otherwise specified means the amount of money set as
      consideration  for  the  sale of a commodity or service and may include,
      but is not limited  to,  when  applicable  and  when  specified  in  the
      solicitation, delivery charges, installation charges and other costs.
        7. "Service" or "services" means, except with respect to contracts for
      state  printing,  the  performance  of a task or tasks and may include a
      material good or a quantity of material goods, and which is the  subject
      of  any  purchase  or  other exchange. For the purposes of this article,
      technology shall be deemed a  service.  Services,  as  defined  in  this
      article,   shall   not  apply  to  those  contracts  for  architectural,
      engineering or  surveying  services,  or  those  contracts  approved  in
      accordance with article eleven-B of this chapter.
        8. "Small business concern" or "small business" means a business which
      is  resident  in  this  state,  independently  owned  and  operated, not
      dominant in its field and employs one hundred or less persons.
        9. "State agency" or "state agencies"  means  all  state  departments,
      boards,  commissions, offices or institutions but excludes, however, for
      the purposes of subdivision five of section three hundred fifty-five  of
      the  education  law,  the state university of New York and excludes, for
      the purposes of subdivision a of section sixty-two hundred  eighteen  of
      the  education  law,  the city university of New York. Furthermore, such
      term shall not include the legislature or the judiciary.
        10. "Technology" means either a good or a  service  or  a  combination
      thereof,  that  results  in  a technical method of achieving a practical
      purpose or in improvements in productivity. Goods may be either  new  or
      used.