2023 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.