N.Y. State Finance Law § 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.