C-19, r. 2 - Regulation respecting the awarding of contracts for certain professional services

Updated to 12 December 2013

This document has official status.

chapter C-19, r. 2

Regulation respecting the awarding of contracts for certain professional services

Cities and Towns Act

(chapter C-19, s. 573.3.0.1).

Municipal Code of Québec

(chapter C-27.1, s. 938.0.1).

Act respecting the Communauté métropolitaine de Montréal

(chapter C-37.0.1, s. 112.1).

Act respecting the Communauté métropolitaine de Québec

(chapter C-37.02, s. 105.1).

Act respecting public transit authorities

(chapter S-30.01, s. 100).

CHAPTER I OBJECT AND INTERPRETATION

1. This Regulation provides for the rules applicable to the awarding of certain professional services contracts by a municipal body.

O.C. 646-2002, s. 1.

2. For the purposes of this Regulation, “municipal body” means a metropolitan community, a municipality, an intermunicipal board or a public transit authority.

O.C. 646-2002, s. 2; O.C. 1157-2002, s. 1.

CHAPTER II AWARDING OF CONTRACTS FOR THE SERVICES OF AN ARCHITECT, ENGINEER, LAND SURVEYOR OR CHARTERED PROFESSIONAL ACCOUNTANT

O.C. 646-2002, c. II; S.Q. 2012, c. 11, s. 33.

DIVISION I GENERAL

3. A contract for services that can be provided only by an architect, engineer, land surveyor or chartered professional accountant under an Act or regulation, may only be awarded after a call for public tenders published in the electronic tendering system approved by the Government and available to suppliers that have an establishment in Québec, if the contract involves an expenditure of $100,000 or more, except if it is required for the purposes of a judicial proceeding, or a body or a person carrying out judicial or adjudicative functions.

O.C. 646-2002, s. 3; S.Q. 2012, c 11, s. 33.

4. The call for public tenders may provide that only tenders from suppliers who have an establishment in Québec will be considered.

O.C. 646-2002, s. 4.

5. The deadline for receipt of tenders may not be less than 15 days.

O.C. 646-2002, s. 5.

6. Paragraphs 2.0.1, 3 to 6 and 8 of section 573 and sections 573.1.0.2 and 573.1.0.3 of the Cities and Towns Act (chapter C-19) apply to the awarding of contracts referred to in section 3, with the necessary modifications, in particular

(1)  the municipal body council may adopt a qualification process that discriminates as permitted under section 4; and

(2)  where a qualification process is established in order to award a single contract, the municipal body council may provide that it will declare eligible a maximum number of suppliers or services, in which case the maximum may not be less than 5.

O.C. 646-2002, s. 6; O.C. 1157-2002, s. 2; O.C. 1161-2013, s. 1.

DIVISION II SPECIFIC RULES FOR CONTRACTS UNDER $500,000

§ 1 . — Interpretation

7. For the purposes of this division, “specified territory” means

(1)  for a local municipality whose territory is part of a regional county municipality, the latter’s territory;

(2)  for an intermunicipal board with jurisdiction over local municipalities that are part of the same regional county municipality, the latter’s territory;

(3)  for an intermunicipal board with jurisdiction over local municipalities that are part of several regional county municipalities, the combined territories of those regional county municipalities;

(4)  for a municipal body that is party to an agreement and where the parties’ territories are part of the same regional county municipality, the latter’s territory;

(5)  for a municipal body that is party to an agreement and where the parties’ territories are part of several regional county municipalities, the combined territories of those regional county municipalities;

(6)  for a metropolitan community that is acting as an intermunicipal board referred to in subparagraph 2 or 3 or is party to an agreement referred to in subparagraph 4 or 5, the community’s territory combined with the territory specified in the applicable subparagraph;

(7)  for a metropolitan community that is party to an agreement with another metropolitan community, the combined territories of those communities;

(8)  for all other instances, the municipal body’s territory.

For the purposes of the first paragraph, the territory of a local municipality that is not part of a regional county municipality is considered the territory of a regional county municipality.

O.C. 646-2002, s. 7.

§ 2 . — Discrimination

8. A call for public tenders for a contract referred to in section 3 that involves an expenditure of less than $500,000 may provide that only the suppliers who have an establishment in the specified territory shall be considered.

The first paragraph does not apply where fewer than 3 suppliers have an establishment in the specified territory.

The municipal body may provide that, not only should the territory in question as defined in its case be taken into account but also the territory defined in the case of one or more other municipal bodies.

O.C. 646-2002, s. 8; O.C. 1157-2002, s. 3.

9. The municipal body may, for the purposes of awarding a contract referred to in the first paragraph of section 8, establish a qualification process to discriminate as permitted in that section.

O.C. 646-2002, s. 9.

§ 3 . — Register of suppliers

10. A municipal body may, for the purposes of awarding a contract referred to in the first paragraph of section 8, use a register of suppliers whose establishment and operations comply with the minimal rules prescribed in this subdivision.

In such a case, the municipal body shall be responsible for establishing, managing and financing the suppliers register.

O.C. 646-2002, s. 10.

11. The municipal body shall establish directories of suppliers according to specialties or categories of services to select suppliers who may tender. The directories shall be published in the electronic tendering system provided for in section 3.

O.C. 646-2002, s. 11.

12. The municipal body shall invite suppliers to register by publishing a notice published in the electronic tendering system provided for in section 3.

The notice shall specify, namely,

(1)  the specialties or categories of services for which the suppliers may register;

(2)  the place where registration information may be obtained or consulted or additional information obtained; and

(3)  that the municipal body may exclude from the selection of suppliers who may tender a supplier that, in the 2 years before the selection date, has received an unsatisfactory performance assessment that meets the conditions in paragraph 2.0.1 of section 573 of the Cities and Towns Act (chapter C-19).

The municipal body shall publish the notice provided for in the first paragraph every year in the same trimester so that suppliers that are not registered may do so.

O.C. 646-2002, s. 12; O.C. 1161-2013, s. 2.

13. The information referred to in subparagraph 2 of the second paragraph of section 12 shall specify the registration requirements, the rules relating to the establishment of the suppliers register and to the referral of the suppliers’ names for the purposes of awarding contracts.

The information may specify that, in order to register for a specialty or category of services, a supplier must have certain equipment or an establishment in the specified territory. The third paragraph of section 8 applies.

O.C. 646-2002, s. 13; O.C. 1157-2002, s. 4.

14. The register shall contain a list of suppliers’ names for each specialty or category of services.

However, where a supplier is required to have an establishment in a specified territory in order to register, the register shall include another list for each specialty or category of services in respect of which the requirement must be met. The third paragraph of section 8 applies.

O.C. 646-2002, s. 14; O.C. 1157-2002, s. 5.

15. A supplier may not be registered more than once on a list of specialties or categories of services.

O.C. 646-2002, s. 15.

16. A supplier’s registration shall be cancelled if one of the following occurs:

(1)  the supplier is bankrupt;

(2)  the supplier cannot be contacted at the address provided;

(3)  the supplier has ceased to provide services;

(4)  the supplier no longer fulfils one of the required registration conditions.

O.C. 646-2002, s. 16.

17. A supplier shall be struck from the list in the specialty or category of services concerned if the following occurs:

(1)  the supplier made a false statement upon registration or with respect to the registration itself;

(2)  the supplier made a false statement upon tendering; or

(3)  the supplier withdrew or turned down a contract after the tenders were opened.

Before striking a supplier from the list, the municipal body shall notify the supplier in writing of its intention to do so and state its grounds for doing so.

The supplier may reply with a written statement to the municipal body within fifteen days of the date the written notice provided for in the second paragraph was sent.

The municipal body shall render its decision as soon as possible after receiving the supplier’s written response as provided for in the third paragraph, or, if no statement was received within the prescribed deadline, after expiry of the deadline. The municipal body shall notify the supplier in writing of its decision.

A supplier who has been struck off may not be registered for the same specialty or category of services before the expiry of a 2-year period from the date of the striking-off.

O.C. 646-2002, s. 17.

18. A list of suppliers established in accordance with sections 11 to 17 may not be used to award a contract unless it contains at least 3 names.

O.C. 646-2002, s. 18.

19. For the purposes of awarding any contract, at least 3 suppliers shall be selected.

Where a list contains more than 3 names, the selection shall be made at random. It shall also be public with at least 2 witnesses present, at a time, date and place specified in a notice published in the electronic tendering system provided for in section 3, at the latest 3 days before the date specified.

A supplier that, in the 2 years preceding the selection date, has received an unsatisfactory performance assessment that meets the conditions in paragraph 2.0.1 of section 573 of the Cities and Towns Act (chapter C-19) may be excluded from the selection.

O.C. 646-2002, s. 19; O.C. 1161-2013, s. 3.

20. A selected supplier may not be selected again until the list has been exhausted.

Where the last name on a list has been selected, a new list shall be established.

In addition, a new list may be established when the only supplier remaining on the list has received, in the 2 preceding years, an unsatisfactory performance assessment that meets the conditions in paragraph 2.0.1 of section 573 of the Cities and Towns Act (chapter C-19).

O.C. 646-2002, s. 20; O.C. 1161-2013, s. 4.

21. If it is decided not to award the contract, the selected suppliers shall be considered not to have been selected.

O.C. 646-2002, s. 21.

22. All the selected suppliers shall be given a written invitation to tender.

O.C. 646-2002, s. 22.

23. Within 15 days of awarding the contract, the municipal body shall publish in a newspaper circulating in the specified territory, a notice that contains the following information, namely:

(1)  the name of all the selected suppliers invited to tender for that contract;

(2)  the name of the supplier who was awarded the contract; and

(3)  the amount and object of the contract.

The municipal body may, instead of publishing the notice provided for in the first paragraph, either send the notice simultaneously to all the suppliers registered or post the information it contains on its Internet site.

O.C. 646-2002, s. 23.

DIVISION III SPECIFIC RULES APPLICABLE TO THE AWARDING OF CONTRACTS FOR THE SERVICES OF AN ARCHITECT

O.C. 1157-2002, s. 6.

23.1. Despite sections 3 to 23, the municipal body shall hold an architectural competition in accordance with the rules established by the Minister of Culture and Communications for the purposes of awarding any contract for the services of an architect relating to a construction project evaluated at $2,000,000 and more and in respect of a facility eligible under the support program for cultural facilities of the Ministère de la Culture et des Communications.

The municipal body shall, if so required by the Minister of Culture and Communications, hold such a competition for the purposes of awarding any contract for the services of an architect relating to any construction project evaluated at less than $2,000,000 and in respect of such a facility.

The municipal body reserves the right to reject any tender from an architect who, in the 2 years before the tender opening date, has received an unsatisfactory performance assessment that meets the conditions in paragraph 2.0.1 of section 573 of the Cities and Towns Act (chapter C-19).

O.C. 1157-2002, s. 6; O.C. 1161-2013, s. 5.

CHAPTER III AWARDING OF CONTRACTS FOR THE SERVICES OF AN ADVOCATE OR NOTARY

24. A contract for services that can be provided only by an advocate or notary under an Act or regulation, may only be awarded after a written invitation to tender to at least 3 suppliers, if the contract involves an expenditure of $100,000 or more, except if it is required for the purposes of a judicial proceeding, or a body or a person carrying out judicial or adjudicative functions.

O.C. 646-2002, s. 24.

25. The deadline for receipt of tenders may not be less than 8 days.

O.C. 646-2002, s. 25.

26. Paragraphs 3 to 6 and 8 of section 573 and sections 573.1.0.2 and 573.1.0.3 of the Cities and Towns Act (chapter C-19) apply to the awarding of contracts referred to in section 24, with the necessary modifications.

O.C. 646-2002, s. 26; O.C. 1157-2002, s. 7.

CHAPTER IV AWARDING OF CONTRACTS FOR THE SERVICES OF A DENTIST, NURSE, PHYSICIAN, VETERINARY SURGEON OR PHARMACIST

27. A municipal body may award a contract for services that can be provided only by a dentist, nurse, physician, veterinary surgeon or pharmacist under an Act or regulation without a call for tenders.

O.C. 646-2002, s. 27.

CHAPTER V FINAL AND TRANSITIONAL

28. The electronic tendering system known as “Système Merx”* is deemed to have been approved by the Government, for the purposes of this Regulation, until the Government replaces it with another system it has approved.

O.C. 646-2002, s. 28.

* The electronic tendering system is known as “SEAO”. (O.C. 493-2004)

29. This Regulation does not apply to a contract for which the awarding procedure began before 19 June 2002.

O.C. 646-2002, s. 29.

30. (Omitted).

O.C. 646-2002, s. 30.

REFERENCES

O.C. 646-2002, 2002 G.O. 2, 2676

O.C. 1157-2002, 2002 G.O. 2, 5459

S.Q. 2012, c. 11, s. 33

O.C. 1161-2013, 2013 G.O. 2, 3287