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§ 252.043
<br />OV
<br />LOCAL GOVERNMENT CODE
<br />(b) In determining the best value for the municipal-
<br />ity, the municipality may consider:
<br />(1) the purchase price;
<br />(2) the reputation of the bidder and of the bid-
<br />der's goods or services;
<br />(3) the quality of the bidder's goods or services;
<br />(4) the extent to which the goods or services
<br />meet the municipality's needs;
<br />(5) the bidder's past relationship with the munici-
<br />palitY;
<br />'(6) the impact on the ability of the municipality to
<br />comply with laws and rules relating to contracting
<br />with historically underutilized businesses and non-
<br />profit organizations employing persons with disabili-
<br />ties;
<br />(7) the total long-term wst to the municipality to
<br />acquire the bidder's goods or services; and
<br />(8) any relevant criteria specifi'cally listed in the
<br />request for bids or proposals.
<br />(c) Before awarding a contract under this section, a
<br />municipality muat indicate in the bid specifications and
<br />requirements that the contract may be awazded either
<br />to the ]owest responsible bidder or to the bidder who
<br />provides goods or servicea at the best value for the
<br />municipality.
<br />(d) The contract must be awarded to the lowest
<br />responsible bidder if the competitive sealed bidding
<br />requirement applies to the contract for construction
<br />of:
<br />(1) highways, roada, streets, bridges, utilities, wa-
<br />ter supply projects, water plants, wastewater plants,
<br />water and wastewater distribution or conveyance
<br />facilities, wharves, docks, airport runways and taxi-
<br />ways, drainage pmjects, or related types of projects
<br />associated with civil engineering construction; or
<br />(2) buildings or atructures that are incidental to
<br />projects that aze primari]y civil engineering con-
<br />struction projects.
<br />(e) If the competitive sealed bidding requirement
<br />applies to the contract for construction of a facility, as
<br />that term is defined by Section 271.111, the contract
<br />must be awarded to the lowest responsible bidder or
<br />awarded under the method described by Subchapter
<br />H, Chapter 271.
<br />(f) The governing body may reject any and all bids.
<br />(g) A bid that has been opened may not be changed
<br />for the purpose of correcting an error in the bid price.
<br />This chapter does not change the common ]aw right of
<br />a bidder to withdraw a bid due to a material miq}yke
<br />in the-bid.
<br />~ ,(h~R'the competitive sealed proposals requirement
<br />~ to the contract, the wntract must be awazded
<br />to the responsible offeror whose proposal is deten
<br />mined to be the most advantageoua to the municipality
<br />considering the relative importance of price and the
<br />other evaluation factors included in the request for
<br />proposals.
<br />(i) This section does not apply to a contract for
<br />profeasional services, as that term is defined by Sec-
<br />tion 2254.002, Government Code.
<br />Acts 1987, 70th Leg., eh, 149, § 1, eff. SepL 1, 1987. Amend-
<br />ed by Acta 1997, 75th Leg„ ch. 1370, § 4, eff, Sept. 1, 1997;
<br />Acts 2001, 77th Leg., eh. 1409, § 3, eff. Sept. 1, 2001,
<br />Seetion 15(a) of Acfs 2001, 77th Leg., ch. 1909 providea:
<br />"The changes in ]aw made by this qct aPPlY onlv W a rnntract for
<br />which requesis far bida, requeetv for proposale, or requeets for
<br />qualifl'eaUona are published or distributed after September I, 2001."
<br />Secdon 15(b) ot Acte 2001, TTth Leg., ch. 1409 provides:
<br />"1'he change in law made by this Act to S¢ction 252.043, Locel
<br />Government Code, applies only to a contract awarded on or aRer the
<br />effeetive date of thie AcG"
<br />Section 5 of Acts 1997, 75th Leg., eR 1370 provides:
<br />"Thie Act takes ettM September 1, 1997, and appliee only to a
<br />mntract tor which a municipality Fvst eolicife bids or proposals on or
<br />after that da[e."
<br />§ 252.0435. Safety Record of Bidder Considered
<br />In determining who is a responsible bidder, the
<br />governing body may take into account the safety
<br />record of the bidder, of the firm, corporation, partner-
<br />ship, or institution represented by the bidder, or of
<br />anyone acting for such a firm, corporation, partnyr_
<br />ship, or institution if:
<br />(1) the governing body has adopted a written
<br />definition and criteria for accurate]y determining
<br />the safety record of a bidder;
<br />(2) the governing body has given notice W pro-
<br />spective bidders in the bid specifications that the
<br />safety record of a bidder may be considered in
<br />determining the responsibility of the bidder; and
<br />(3) the determinations are not arbitrary and ca-
<br />pricious.
<br />Added by Acts 1989, 71st Leg., ch. 1, § Sg(b), eff. Aug. ZS,
<br />1959.
<br />Section 58(a) of the 1989 Act providee:
<br />"This Sectjon amende the Lo¢al (`,pvernment Code fq mn}'orm tq
<br />Sections 3 through 5, Chapter 722, Aets of the 70th Legislature,
<br />Regular Session, 1987."
<br />554
<br />¢ 252.0436. C
<br />(a) A munici
<br />lationa permitt
<br />into a contrac
<br />indebted to thc
<br />(b) It ia not
<br />pality, under
<br />(a), to refuse -
<br />Uansaction wii
<br />proposer that 1
<br />(c) In this :
<br />sole proprietoi
<br />partnershiP, J'
<br />and any other
<br />to enter into :
<br />municipality r(
<br />of the municip
<br />Added by Acts
<br />2003.
<br />$ 252.044. C-
<br />(a) If the c,
<br />works, the bii
<br />must execute
<br />must be:
<br />(1) in the
<br />(2) condit
<br />perform the
<br />(3) execu
<br />Governmem
<br />to do busine
<br />(b) Repeale
<br />ef£ Sept. 1, lf
<br />(c) The goc
<br />by ordinance
<br />and Chapter
<br />tractors' aurei
<br />vision in the n
<br />Acts 1987, 70th
<br />ed by Acts 199
<br />Acts 1995, 74t1
<br />Sectlon 3 of the
<br />"Thia AM take
<br />rnntract entered
<br />before the effecti
<br />when the wntrac
<br />in efteM for that I
<br />
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