N.Y. Comp. Codes R. & Regs. tit. 9 § 250.1

Current through Register Vol. 46, No. 43, October 23, 2024

Section 250.1 - Definitions

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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 250.1