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

Section 39 Disposition versions

2012-09-01

39. Every contract referred to in this Regulation involving an expenditure above the public tender threshold specified in section 7 may be entered into by mutual agreement under the following circumstances:

(1)  if there is an emergency that threatens human safety or property;

(2)  if there is only 1 possible contractor because of the existence of a guarantee, an ownership right or an exclusive right such as a copyright or a right based on an exclusive licence or patent, or because of the artistic, heritage or museological value of the required property or service;

(3)  if the contract involves confidential or protected information whose disclosure in a public call for tenders could compromise its confidential nature or otherwise hinder the public interest;

(4)  if the Public Protector considers that it will be able to prove, in accordance with the principles set out in section 2, that a public call for tenders would not serve the public interest given the object of the contract concerned;

(5)  for legal contracts;

(6)  for financial or banking service contracts;

(7)  for supply contracts related to research and development activities or teaching activities where, due to technical or scientific reasons, only 1 supplier is able to carry it out and there is no other alternate solution or substitute goods;

(8)  if the Public Protector is of the opinion that, due to the special requirements or time limits involved, the call for tenders procedure prescribed in this Regulation would compromise the carrying out of an intervention in accordance with the Public Protector Act (chapter P-32) or the Act Respecting the Health and Social Services Ombudsman (chapter P-31.1).

In all cases subject to this section and despite section 5, the contract must be authorized and signed by the Public Protector personally.

Decision 1462-2, s. 39.