§ 633. Contracts of the trust. 1. Notwithstanding any provision of law
to the contrary, including but not limited to article eight of this
chapter, the trust shall establish and maintain procurement policies
that shall set forth the methods and procedures by which the trust shall
procure contracts for goods and services, including but not limited to
services for design, development, construction, reconstruction,
improvement, modernization, rehabilitation, repair and operation,
related to property owned or leased by the trust, in a manner consistent
with the provisions of this article. Such policies shall specifically
include:

(a) a competitive sealed bidding process for the award of contracts in
which sealed bids are publicly solicited or solicited from a list of
prequalified bidders and opened and a contract is awarded to the lowest
responsive, responsible bidder;

(b) processes for awarding contracts for goods and services using
alternatives to competitive sealed bidding where competitive sealed
bidding is not practicable or not advantageous, in which case the trust
shall use the most competitive method of procurement that is appropriate
under the circumstances to select the proposer offering the best value
to the trust;

(c) a process for prequalifying bidders and proposers based on
criteria, which may include an entity's experience, past performance,
ability to undertake work, financial capability, responsibility,
reliability and status as a certified minority or women owned business
enterprise pursuant to article fifteen-A of the executive law or section
thirteen hundred four of the New York city charter;

(d) reasonable procedures to secure the meaningful participation of
minority and women owned business enterprises in the trust's procurement
process. The trust may use the same measures to enhance minority and
women owned business enterprise participation as are available to the
city pursuant to applicable law, including section 6-129 of the
administrative code of the city of New York;

(e) processes for awarding alternative project delivery contracts, in
a manner consistent with the terms of section six hundred thirty-four of
this article;

(f) procedures for the fair and equitable resolution of contract
disputes, for appeals of responsiveness and responsibility
determinations by the trust, and for appeals of prequalification
determinations;

(g) a process for making purchases off contracts procured by public
agencies and public entities, provided that such contract exists between
a vendor and (1) the United States General Services Administration, (2)
the state of New York or any of its political subdivisions, (3) another
public authority or public corporation of the state, (4) another public
housing agency or public housing authority, or (5) any purchasing
cooperative where the lead purchasing entity is any of the foregoing,
provided that in any case when the trust under this paragraph determines
that obtaining such item thereby would be in the public interest and
provide for greater economy and efficiency and sets forth the reasons
for such determination. Such rationale shall include, but not be limited
to, a determination of need, a consideration of the procurement method
by which the contract was awarded, an explanation why a competitive
procurement or the use of a centralized contract let by the commissioner
of the office of general services is not in the best interest of the
trust, and the reasonableness of cost; and

(h) a mechanism for procurements without a formal competitive process
where:

(1) the existence of an emergency involving danger to life, safety or
property requires immediate action and cannot await a competitive
process for goods or services to be purchased, including, but not
limited to, services for construction, reconstruction, rehabilitation,
alteration, renovation, maintenance or repairs, which are essential to
efficient operation or the adequate provision of service by the trust
and as a consequence of unforeseen circumstance such purchase cannot
await a competitive process;

(2) a procurement's value does not exceed fifty thousand dollars;

(3) the trust receives no responsive bids or only a single responsive
bid in response to a solicitation for competitive bids or proposals;

(4) a procurement's value does not exceed five hundred thousand
dollars and is made from a business certified as a minority or women
owned business enterprise pursuant to article fifteen-A of the executive
law and section thirteen hundred four of the New York city charter.
Nothing in this paragraph shall be construed to require that such
business be concurrently certified as minority or women owned business
enterprises under article fifteen-A of the executive law and section
thirteen hundred four of the New York city charter to be awarded such a
contract;

(5) a duly appointed representative of the trust determines in writing
that, based on a market analysis, only one source for the required goods
or services, including but not limited to, services for construction,
reconstruction, rehabilitation, alteration, renovation, maintenance and
repairs, are available; or

(6) the contract is a contract between the trust and another
governmental entity, including, but not limited to NYCHA.

2. Construction performed under a contract entered into by the trust
pursuant to this article shall be deemed a public work to be performed
in accordance with the provisions of article eight of the labor law,
including but not limited to the prevailing wage requirements set forth
in section two hundred twenty of the labor law and the reporting,
monitoring, and enforcement provisions of such article, and for projects
or public works receiving federal aid, applicable federal requirements
for prevailing wage. Any contract, the principal purpose of which is to
provide construction services and that is either entered into through a
competitive sealed bidding process or pursuant to section six hundred
thirty-four of this article, and undertaken pursuant to a project labor
agreement, shall include a clause requiring the selected alternative
project delivery contractor or the contractor selected on the basis of
its sealed bid to obligate every tier of contractor working on the
public work to comply with the project labor agreement referenced in
section six hundred thirty-four of this article and this section, and
shall include project labor agreement compliance monitoring and
enforcement provisions consistent with any such project labor agreement.

3. Contracts of the trust shall be subject to sections 6-108 and 6-123
of the administrative code of the city of New York, and the trust shall
constitute a "contracting agency" for the purposes of section 6-123 of
the administrative code of the city of New York.

4. The provisions of section one hundred six-b of the general
municipal law shall apply to the trust.

5. The provisions of section one hundred fifty-one-a of this chapter
shall apply to the trust.

6. Unless a federal requirement conflicts with any procurement
procedure set forth in this article, the trust shall be required to
comply with such procedure.