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This entry was published on 2020-04-10
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State Finance (STF) CHAPTER 56, ARTICLE 11
§ 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.