96.1. Where a contract for professional services is to be awarded, a transit authority must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:
(1) the system must have a minimum of four evaluation criteria in addition to price;
(2) the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;
(3) the transit authority shall establish a selection committee consisting of at least three members, other than members of the board of directors, which must
(a) evaluate each tender without knowing the price;
(b) assign a number of points to the tender for each criterion;
(c) establish an interim score for each tender by adding the points obtained for all the criteria;
(d) as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding the seventh paragraph of section 95;
(e) establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.
The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.
The transit authority shall not award the contract to a person other than
(1) the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;
(2) where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;
(3) where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.
For the purposes of the second sentence of the eighth paragraph of section 95, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.
The transit authority may adopt a by-law delegating the power to establish a selection committee to an employee and setting the conditions and procedures for the exercise of the delegated power.
Where a contract not covered by the first paragraph is to be awarded, a transit authority may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third, fourth and fifth paragraphs apply.
2002, c. 37, s. 268; 2006, c. 60, s. 113.