103.2. Every transit authority must adopt a by-law on contract management.
The by-law is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.
The by-law must include
(1) measures to ensure compliance with any applicable anti-bid-rigging legislation;
(3) measures to prevent intimidation, influence peddling and corruption;
(4) measures to prevent conflict of interest situations;
(5) measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;
(6) measures to govern the making of decisions authorizing the amendment of a contract; and
(7) for contracts that involve an expenditure of less than $100,000 and that may be entered into by mutual agreement, measures to ensure rotation among potential contracting parties.
The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but less than $100,000. The rules may vary according to determined categories of contracts. Where such rules are in force, neither the second paragraph of section 93 nor section 94 apply to those contracts.
The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract, must be permanently published on the transit authority’s website.
Not later than 30 days after the day on which a by-law is adopted under this section, the secretary of the transit authority must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.
The transit authority shall table a report on the application of the by-law at least once a year at a sitting of the board of directors.
As regards non-compliance with a measure included in the by-law, section 108.2 applies only in the case of a contract for which the contracting process began after the date as of which the measure was included in the by-law.
2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34; 2016, c. 17, s. 12511; 2017, c. 13, s. 2061.