(a) For a purchase made through competitive bidding, the comptroller or other state agency making the purchase must specify in the request for bids:
(1) the factors other than price that the comptroller or agency will consider in determining which bid offers the best value for the state; and
(2) the proposal criteria the comptroller or agency will use when considering the factors described by Subdivision (1).
(b) For a purchase made through competitive sealed proposals, the comptroller or other state agency making the purchase:
(1) must specify in the request for proposals the known factors other than price that the comptroller or agency will consider in determining which proposal offers the best value for the state; and
(2) may concurrently inform each vendor that made a proposal on the contract of any additional factors the comptroller or agency will consider in determining which proposal offers the best value for the state if the comptroller or other agency determines after opening the proposals that additional factors not covered under Subdivision (1) are relevant in determining which proposal offers the best value for the state.