1. (a) In determining the award of a contract under this chapter, the governmental entity may consider:

   1. (1) the price;
   2. (2) the offeror's experience and reputation;
   3. (3) the quality of the offeror's goods or services;
   4. (4) the impact on the ability of the governmental entity to comply with rules relating to historically underutilized businesses;
   5. (5) the offeror's safety record;
   6. (6) the offeror's proposed personnel;
   7. (7) whether the offeror's financial capability is appropriate to the size and scope of the project; and
   8. (8) any other relevant factor specifically listed in the request for bids, proposals, or qualifications.

2. (b) In determining the award of a contract under this chapter, the governmental entity shall:

   1. (1) consider and apply any existing laws, including any criteria, related to historically underutilized businesses; and

   2. (2) consider and apply any existing laws, rules, or applicable municipal charters, including laws applicable to local governments, related to the use of women, minority, small, or disadvantaged businesses.

      Redesignated from Government Code, Chapter 2267 by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(23), eff. September 1, 2013.

Added by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.08, eff. September 1, 2011.