Texas Attorney General Opinion: DM-113 Page: 2 of 10
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Honorable Tom Craddick - Page 2 (DM- 113)
purchasing policies require the district, when evaluating a bidder's "responsibility,"'
to consider several conventional factors such as price, contract terms, delivery dates,
life-cycle costs, quality of materials, safety, past performance of the vendor or
product, good business practices, transportation charges, and conformance to appli-
cable local, state, and federal ordinances, laws, or regulations. They also require
consideration of several additional criteria, including
(1) the location or residence of the bidder;
(2) the bidders compliance with the district's Minority and
Women Business Enterprise Contracting and Purchasing
Program (M/WBE);
(3) the bidder's involvement with DISD schools; and
(4) the "tax base enhancement points" earned by the prospective
bidder.
These four additional criteria are the focus of your inquiry.
Prior to consideration of a bid, the district asks all prospective bidders to
submit data reflecting the enumerated factors. Points are awarded on the basis of
residence, with the greatest number of points awarded to bidders who own or lease
facilities within the district or maintain their principal place of business within the
district.
Points are also awarded on the basis of a bidder's compliance with the
district's M/WBE program. The M/WBE program applies to contracts of $25,000
or more, and its overall goal is to achieve minority and women business enterprise
participation in at least 25 percent of the total dollar value of DISD contracts. The
purchasing policies award "Good Faith Effort Points" in proportion to a bidder's
percentage of M/WBE participation, with greater points awarded the closer the 25
percent goal is reached.
1The concept of "responsibility in the context of competitive bidding is a focal point of your
opinion request and is discussed at length later in this opinion.p. 572
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-113, text, May 4, 1992; (https://texashistory.unt.edu/ark:/67531/metapth273922/m1/2/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.