99.0.1. If the transit authority uses a system of bid weighting and evaluating described in section 96, it may, in the call for tenders, provide that the opening of tenders will be followed by individual discussions with each tenderer to further define the technical or financial aspects of the project and allow the tenderer to submit a final tender that reflects the outcome of those discussions.
The call for tenders for such contracts must also contain
(1) the rules for breaking a tie in the points assigned to final tenders by the selection committee;
(2) the procedure and the time period, which may not exceed six months, for holding discussions; and
(3) provisions allowing the transit authority to ensure compliance at all times with the rules applicable to it, in particular with respect to access to the documents of public bodies and the protection of personal information.
The selection committee must evaluate each final tender and, for each criterion mentioned in the call for tenders described in the first paragraph, assign points which the secretary of the selection committee shall record in the secretary’s report referred to in section 99.0.8.
The Minister of Municipal Affairs, Regions and Land Occupancy may, on the conditions he determines, authorize the transit authority to pay a financial compensation to each tenderer, other than the one to whom the contract is awarded, who submitted a compliant tender. In such a case, the call for tenders must provide for such a payment and may not be published before the Minister has given his authorization.