NY State Fin L § 160 (2021)
2021 New York Laws STF - State Finance Article 11 - State Purchasing 160 - Definitions.

§ 160. Definitions. 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  material  goods,  supplies,   products, construction items, electronic information resources or  other   standard  articles  of commerce 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 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;  provided,  however,   that  the  state  university  of New York and the city university of New   York  shall  be  subject  to  the  provisions  of  section  one  hundred   sixty-five-a  of  this article. Furthermore, such term shall not include   the legislature or the judiciary.10. "Technology" means either a good or a  service  or  a  combination   thereof,   used  in  the  application  of  any  computer  or  electronic   information or interconnected system that is used  in  the  acquisition,   storage,   manipulation,   management,   movement,   control,   display,   switching, interchange, transmission, or  reception  of  data  or  voice   including,   but   not   limited  to,  hardware,  software,  information   appliances,  firmware,  programs,  systems,  networks,   infrastructure,   media,  and  related  material  used to automatically and electronically   collect, receive, access, transmit, display,  store,  record,  retrieve,    analyze,  evaluate,  process,  classify, manipulate, manage, assimilate,   control, communicate, exchange, convert, coverage, interface, switch, or   disseminate data of any kind or form, and shall include  all  associated   consulting,  management, facilities, maintenance and training. Goods may   be either new or used.