§ 634. Alternative project delivery contracts. 1. Notwithstanding any\nprovision of law to the contrary, including but not limited to section\nseventy-two hundred ten of the education law, and in conformity with the\nrequirements of this article, for any public work undertaken pursuant to\na project labor agreement the trust may use alternative project delivery\ncontracts, provided that the authority to advertise a request for\nqualification in accordance with this section shall expire five years\nafter the effective date of this section.\n (a) A contractor selected by the trust to enter into an alternative\nproject delivery contract may be selected through a two-step method, as\nfollows:\n (1) Step one. The first step shall be the generation of a list of\nresponding entities that have demonstrated the general capability to\nperform the alternative project delivery contract. Such list shall\nconsist of a specified number of responding entities, as determined by\nthe trust, and shall be generated based upon the trust's review of\nresponses to a publicly advertised request for qualifications. The\ntrust's request for qualifications shall include a general description\nof the public work, the maximum number of responding entities to be\nincluded on such list, the selection criteria to be used and the\nrelative weight of each criteria in generating such list. Such selection\ncriteria shall include the qualifications and experience of the entity\nor team of entities, organization, demonstrated responsibility, ability\nof the entity or team of entities or of a member or members of the\nentity or team of entities 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, past\nrecord of compliance with the labor law, and such other qualifications\nthe trust deems appropriate, which may include but are not limited to\nproject understanding, financial capability and record of past\nperformance. The trust shall evaluate and rate all responding entities\nto the request for qualifications. Based upon such ratings, the trust\nshall list the responding entities that shall receive a request for\nproposals in accordance with subparagraph two of this paragraph. To the\nextent consistent with applicable federal law, the trust shall consider,\nwhen awarding any contract pursuant to this section, the participation\nof (i) responding entities that are certified as minority or women owned\nbusiness enterprises pursuant to article fifteen-A of the executive law,\nor certified pursuant to local law as minority or women owned business\nenterprises, (ii) small business concerns identified pursuant to\nsubdivision (b) of section one hundred thirty-nine-g of the state\nfinance law, and (iii) business concerns 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, or any successor provision. In\naddition, nothing in this section shall be deemed to supersede any\nprequalification policies adopted by the trust pursuant to section six\nhundred thirty-three of this article.\n (2) Step two. The second step shall be the selection of the proposal\nwhich is the best value to the trust. The trust shall issue a request\nfor proposals to the responding entities listed pursuant to subparagraph\none of this paragraph. If such a responding entity consists of a team of\nseparate entities, the entities that comprise such a team shall remain\nunchanged from the responding entity as listed pursuant to subparagraph\none of this paragraph unless otherwise approved by the trust. The\nrequest for proposals shall set forth the public work's scope of work,\nand other requirements, as determined by the trust, which may include\nseparate goals for work under the contract to be performed by businesses\ncertified as min
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