Amend SB 510 (House Committee Report) on third reading by
adding the following appropriately numbered SECTIONS to the bill
and renumbering subsequent SECTIONS of the bill appropriately:
      SECTION ____. Section 252.043, Local Government Code, is
amended to read as follows:
      Sec. 252.043.  AWARD OF CONTRACT. (a)  If the competitive
sealed bidding requirement applies to the contract for goods or
services, the contract must be awarded to the lowest responsible
bidder or to the bidder who provides goods or services at the best
value for the municipality.
      (b)  In determining the best value for the municipality, the
municipality may consider:
            (1)  the purchase price;
            (2)  the reputation of the bidder and of the bidder's
goods or services;
            (3)  the quality of the bidder's goods or services;
            (4)  the extent to which the goods or services meet the
municipality's needs;
            (5)  the bidder's past relationship with the
municipality;
            (6)  the impact on the ability of the municipality to
comply with laws and rules relating to contracting with
historically underutilized businesses and nonprofit organizations
employing persons with disabilities;
            (7)  the total long-term cost to the municipality to
acquire the bidder's goods or services; and
            (8)  any other relevant factor that a private business
entity would consider in selecting a bidder.
      (c)  Before awarding a contract under this section, a
municipality must indicate in the bid specifications and
requirements that the contract may be awarded either to the lowest
responsible bidder or to the bidder who provides goods or services
at the best value for the municipality.
      (d) The contract must be awarded to the lowest responsible
bidder if the competitive sealed bidding requirement applies to the
contract for construction of:
            (1)  highways, roads, streets, bridges, utilities,
water supply projects, water plants, wastewater plants, water and
wastewater distribution or conveyance facilities, wharves, docks,
airport runways and taxiways, drainage projects, or related types
of projects associated with civil engineering construction; or
            (2)  buildings or structures that are incidental to
projects that are primarily civil engineering construction
projects.
      (e)  If the competitive sealed bidding requirement applies to
the contract for construction of a facility, as that term is
defined by Section 271.111, the contract must be awarded to the
lowest responsible bidder or awarded under the method described by
Subchapter H, Chapter 271.
      (f)  The governing body may reject any and all bids.
      (g)  A bid that has been opened may not be changed for the
purpose of correcting an error in the bid price.  This chapter does
not change the common law right of a bidder to withdraw a bid due
to a material mistake in the bid.
      (h) <(b)>  If the competitive sealed proposals requirement
applies to the contract, the contract must be awarded to the
responsible offeror whose proposal is determined to be the most
advantageous to the municipality considering the relative
importance of price and the other evaluation factors included in
the request for proposals.
      (i)  This section does not apply to a contract for
professional services, as that term is defined by Section 2254.002,
Government Code.
      SECTION ____. The change in law made by this Act to Section
252.043, Local Government Code, applies only to a contract awarded
on or after the effective date of this Act.