23.Except for transportation to be provided by means of a vehicle used for the transportation of school children, specifications for student transportation must contain a provision stipulating that the tenderer chosen must, each year, before carrying out his contract for the transportation of students, furnish a performance guarantee in the form of:
(1) a certified cheque for an amount equal to 20% of the price of the contract;
(2) conventional bearer bonds, issued or guaranteed by the gouvernement du Québec or by the Government of Canada, whose face value corresponds to 20% of the price of the contract and whose term does not exceed 5 years; or
(3) a performance bond, issued by a company legally empowered to become surety, for an amount equal to 35% of the price of the contract.
The tender documents must include a copy of the contract to be entered into.
Despite the preceding, this section does not apply to a tenderer who shows that the tenderer is a member of a group of carriers providing school busing or transportation services that meets the following conditions:
(1) the group is duly constituted as a non-profit legal person;
(2) the group has at least 50 members who are carriers providing school busing or transportation services;
(3) the members have, collectively, the exclusive use of at least 2,000 buses or minibuses under contract for school busing or transportation purposes for the school year covered by the performance guarantee referred to in the first paragraph; and
(4) the members have solidarily undertaken to carry out, on the same conditions, any school busing or transportation contracts that other group members fail to carry out.
O.C. 647-91, s. 23; O.C. 286-97, s. 10; O.C. 306-2008, s. 9.