** § 163. Purchasing services and commodities. 1. Definitions. For the\npurposes of this section, the following terms shall have the following\nmeanings unless otherwise specified:\n a. "Consortium" means like entities which agree to collectively\npurchase commodities at a lower price than would be otherwise achievable\nthrough purchase by such entities pursuant to other provisions of this\narticle.\n b. "Emergency" means an urgent and unexpected requirement where health\nand public safety or the conservation of public resources is at risk.\n c. "Responsible" or "responsibility" means the financial ability,\nlegal capacity, integrity, and past performance of a business entity and\nas such terms have been interpreted relative to public procurements.\n d. "Responsive" means a bidder or other offerer meeting the minimum\nspecifications or requirements as prescribed in a solicitation for\ncommodities or services by a state agency.\n e. "Specification" or "requirement" means any description of the\nphysical or functional characteristics or the nature of a commodity or\nconstruction item, any description of the work to be performed, the\nservice or products to be provided, the necessary qualifications of the\nofferer,the capacity and capability of the offerer to successfully carry\nout the proposed contract, or the process for achieving specific results\nand/or anticipated outcomes or any other requirement necessary to\nperform the work. It may include a description of any obligatory\ntesting, inspection or preparation for delivery and use, and may include\nfederally required provisions and conditions where the eligibility for\nfederal funds is conditioned upon the inclusion of such federally\nrequired provisions and conditions. Specifications shall be designed to\nenhance competition, ensuring the commodities or services of any offerer\nare not given preference except where required by this article.\n f. "Procurement record" means documentation of the decisions made and\nthe approach taken in the procurement process.\n g. "Sole source" means a procurement in which only one offerer is\ncapable of supplying the required commodities or services.\n h. "Single source" means a procurement in which although two or more\nofferers can supply the required commodities or services, the\ncommissioner or state agency, upon written findings setting forth the\nmaterial and substantial reasons therefor, may award a contract or\nnon-technical amendment to a contract to one offerer over the other. The\ncommissioner or state agency shall document in the procurement record\nthe circumstances leading to the selection of the vendor, including the\nalternatives considered, the rationale for selecting the specific vendor\nand the basis upon which it determined the cost was reasonable.\n i. "Lowest price" means the basis for awarding contracts for\ncommodities among responsive and responsible offerers.\n j. "Best value" means the basis for awarding contracts for services to\nthe offerer which optimizes quality, cost and efficiency, among\nresponsive and responsible offerers. Such basis shall reflect, wherever\npossible, objective and quantifiable analysis. Such basis may also\nidentify a quantitative factor for offerers that are small businesses,\ncertified minority- or women-owned business enterprises as defined in\nsubdivisions one, seven, fifteen and twenty of section three hundred ten\nof the executive law or service-disabled veteran-owned business\nenterprises as defined in subdivision one of section forty of the\nveterans' services law to be used in evaluation of offers for awarding\nof contracts for services.\n k. "Authorized user" or "non-state agency purchaser" means (i) any\nofficer, body or agency of the state or of a political subdivision or a\ndistrict therein, or fire company or volunteer ambulance service as such\nare defined in section one hundred of the general municipal law, to make\npurchases of commodities, services and techno
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