Sec. 2156.007. CONTRACT AWARD. (a) The commission or other state agency making a purchase shall award a contract to the bidder offering the best value for the state while conforming to the specifications required.
(b) In determining the bidder offering the best value, the commission or other state agency may consider the safety record of the bidder, the entity represented by the bidder, and any person acting for the represented entity only if:
(1) the commission or other state agency has adopted a written definition and criteria for accurately determining the safety record of a bidder; and
(2) the commission or state agency provided notice in the bid specifications to prospective bidders that a bidder's safety record may be considered in determining the bidder offering the best value for the state.
(c) A determination of a bidder's safety record may not be arbitrary and capricious.
(d) In determining the bidder offering the best value, in addition to price the commission or other state agency shall consider:
(1) the quality and availability of the goods or contractual services and their adaptability to the use required;
(2) the scope of conditions attached to the bid;
(3) the bidder's ability, capacity, and skill to perform the contract or provide the service required;
(4) the bidder's ability to perform the contract or provide the service promptly, or in the time required, without delay or interference;
(5) the bidder's character, responsibility, integrity, and experience or demonstrated capability;
(6) the quality of performance of previous contracts or services;
(7) the bidder's previous and existing compliance with laws relating to the contract or service;
(8) the bidder's previous or existing noncompliance with specification requirements relating to the time of submission of specified information, including samples, models, drawings, or certificates;
(9) the sufficiency of the bidder's financial resources and ability to perform the contract or provide the service; and
(10) the bidder's ability to provide future maintenance, repair parts, and service for the use of the contract's subject.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 14, eff. Sept. 1, 1997.
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