New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter I - Procurement Services Group › Part 250 - Purchasing Procedures And Purchases From Preferred Sources › Section 250.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the terms below shall have
					 the following meanings:
(a) Apparel or
				  textiles shall mean all articles of clothing or goods produced by weaving,
				  knitting, or felting or any similar production processes for such articles of
				  clothing and shall include all goods produced by the apparel industry as
				  defined by subdivision (c) of section 340  of the Labor Law.
(b) Best value means the basis for awarding
				  contracts for services to the offeror which optimizes quality, cost and
				  efficiency, among responsive and responsible offerors. Such basis shall
				  reflect, wherever possible, objective and quantifiable analysis.
(c) Centralized contract means any contract
				  for the purchase of commodities or services, established or approved by the
				  commissioner to meet the State's requirements including, but not limited to,
				  any contract let by the Federal government, other State or local governments or
				  purchasing consortia.
(d)
				  Commissioner means the Commissioner of General Services.
(e) 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.
(f) Consortium means like entities which
				  agree to collectively purchase commodities at a lower price than would be
				  otherwise achievable through purchase by such entities pursuant to other
				  provisions of this Part.
(g)
				  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.
(h) Costs as used in this Part 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.
(i) Emergency means an
				  urgent and unexpected requirement where health and public safety or the
				  conservation of public resources is at risk.
(j) Lowest price means the basis for awarding
				  contracts for commodities among responsive and responsible offerors.
(k) Price 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.
(l) Procurement record means the compilation
				  of documents detailing the decisions made and the approach taken in the
				  procurement process.
(m)
				  Responsible or responsibility shall have the same meaning as such terms have
				  been interpreted prior to the effective date of this Part.
(n) Responsive means a bid or other offer
				  that meets the minimum specifications or other requirements described in a
				  solicitation for commodities or services.
(o) 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 Part,
				  technology shall be deemed a service. Services, as defined in this Part, shall
				  not apply to those contracts for architectural, engineering or surveying
				  services, or those contracts approved in accordance with article 11-B of the
				  State Finance Law.
(p) Single
				  source means a procurement in which, although two or more offerors can supply
				  the required commodities or services, the commissioner or State agency, upon
				  written findings setting forth the material and substantial reasons therefor,
				  may award the contract to one offeror over the other. The commissioner or State
				  agency shall document in the procurement record the circumstances leading to
				  the selection of the vendor, including the alternatives considered, the
				  rationale for selecting the specific vendor and the basis upon which it
				  determined the cost was reasonable.
(q) 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 100 or fewer persons.
(r) Sole source means a procurement in which
				  only one offeror is capable of supplying the required commodities or
				  services.
(s) Specification or
				  requirement means any description of the physical or functional characteristics
				  or the nature of a commodity or construction item, any description of the work
				  to be performed, or of the service or products to be provided, the necessary
				  qualifications of the offeror, the capacity and capability of the offeror to
				  successfully carry out the proposed contract, or the process for achieving
				  specific results, anticipated outcomes or any other quality necessary to
				  perform the work. It may include, a description of any obligatory testing,
				  inspection or preparation for delivery and use, and may include federally
				  required provisions and conditions where the eligibility for Federal funds is
				  conditioned upon the inclusion of such. Specifications and requirements shall
				  be designed to enhance competition, and to ensure that the commodities or
				  services of any offeror are not given preference except where required by this
				  Part.
(t) 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 355  of the Education Law, the State University of New York and
				  excludes, for the purposes of subdivision a of section 6218  of the Education
				  Law, the City University of New York. Furthermore, such term shall not include
				  the Legislature or the Judiciary.
(u) Technology means either a good or a
				  service or a combination thereof, that results in a technical method of
				  achieving a practical purpose or improvements in productivity. Goods may be
				  either new or used.