§ 627. Definitions. As used or referred to in this article:\n 1. "Alternative project delivery contract" means any project delivery\nmethod authorized by this article, including construction manager build,\nconstruction manager at risk, and design-build, pursuant to which one or\nmore contracts for the provision of design or construction management\nand construction services are awarded pursuant to an open and\ncompetitive method of procurement, as specified in section six hundred\nthirty-four of this article.\n 2. "Best value" means the basis for awarding contracts for services to\na proposer that optimizes quality, cost and efficiency, price and\nperformance criteria, which may include, but is not limited to:\n (a) the quality of the proposer's performance on previous projects;\n (b) the timeliness of the proposer's performance on previous projects;\n (c) the level of customer satisfaction with the proposer's performance\non previous projects;\n (d) the proposer's record of performing previous projects on budget\nand ability to minimize cost overruns;\n (e) the proposer's ability to limit change orders;\n (f) the proposer's ability to prepare appropriate project plans;\n (g) the proposer's technical capacities;\n (h) the individual qualifications of the proposer's key personnel;\n (i) the proposer's ability to assess and manage risk and minimize risk\nimpact;\n (j) the proposer's financial capability;\n (k) the proposer's ability to comply with applicable requirements,\nincluding the provisions of articles one hundred forty-five, one hundred\nforty-seven and one hundred forty-eight of the education law;\n (l) the proposer's past record of compliance with federal laws, state\nand local laws, rules, licensing requirements, where applicable, and\nexecutive orders, including, but not limited to, section three of the\nfederal housing and urban development act of nineteen hundred\nsixty-eight, as amended, or any successor provision, article fifteen-A\nof the executive law, any other applicable laws concerning minority- and\nwomen-owned business enterprise participation, the labor law, and any\nother applicable labor and prevailing wage laws;\n (m) the proposer's record of complying with existing labor standards,\nmaintaining harmonious labor relations, and protecting the health and\nsafety of workers and payment of wages above any locally-defined living\nwage;\n (n) a quantitative factor to be used in evaluation of bids or offers\nfor awarding of contracts for bidders or offerors that are certified as\nminority or women owned business enterprises pursuant to article\nfifteen-A of the executive law or certified pursuant to section thirteen\nhundred four of the New York city charter as minority or women owned\nbusiness enterprises, or where the bidder is a joint venture including\nat least one such certified firm. Where the trust identifies a\nquantitative factor pursuant to this paragraph, the trust shall specify\nthat businesses certified as minority or women owned business\nenterprises pursuant to article fifteen-A of the executive law as well\nas those certified as minority or women owned business enterprises\npursuant to section thirteen hundred four of the New York city charter,\nor joint ventures including at least one such certified firm, are\neligible to qualify for such factor. Nothing in this paragraph shall be\nconstrued to require that such businesses be concurrently certified as\nminority or women owned business enterprises under such article and such\nsection to qualify for such quantitative factor; and\n (o) a quantitative factor to be used in evaluation of bids or offers\nfor awarding of contracts for bidders or offerors that provide economic\nopportunities for low and very low-income persons in accordance with\nsection three of the federal housing and urban development act of\nnineteen hundred sixty-eight, as amended, where applicable, or any\nsuccessor provision. Such basis shall reflect, wherever
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