P-32, r. 1 - Regulation respecting Contracts of the Public Protector

Full text
(ss. 22, 24, 25, 28, 31, 49, 51, 52, 54, 55, 58, 62)
Quality evaluation conditions for a contract award based on the lowest adjusted price or based on the final score for the highest quality
(1) The evaluation grid must have at least 3 quality evaluation criteria.
(2) The Public Protector must specify in the tender documents, for each criterion, the elements of quality required to reach an “acceptable level of performance,” which corresponds to its minimum expectations for the criterion.
(3) Each criterion in the evaluation grid is weighted on the basis of its importance for the carrying out of the contract. The total weight of the criteria is 100%.
(4) Each criterion is evaluated on a scale of 0 to 100 points, the “acceptable level of performance” corresponding to 70 points.
(5) At least 70 points may be required in respect of any criterion described in the evaluation grid. A tender that does not reach that minimum is rejected.
(6) The final score for the quality of a tender is the total of the weighted scores obtained in respect of each criterion; the weighted scores are determined by multiplying the score obtained for a criterion by the weight of that criterion.
(7) An acceptable tender in terms of quality is a tender whose final score is at least 70 points.
(8) The price of each acceptable tender is adjusted according to the following formula:
Adjusted price = Price submitted/Quality adjustment factor
The quality adjustment factor is equal to:
1 + K (Final score for quality - 70/30)
“K” is the additional percentage that the Public Protector is willing to pay to move from a 70-point tender to a 100-point tender, for all criteria.
(9) The Public Protector determines in the tender documents the value of K, which must range from 15% to 30%. For construction contracts, the value of K is set at 15%.
Decision 1462-2, Sch. 2.