R-7, r. 2 - Regulation respecting contracts for the alienation of surplus movable property

Updated to 1 September 2012

This document has official status.

chapter R-7, r. 2

Regulation respecting contracts for the alienation of surplus movable property

Act respecting the Régie des installations olympiques

(chapter R-7, s. 15).

DIVISION I GENERAL PROVISIONS

1. This Regulation is made under section 15 of the Act respecting the Régie des installations olympiques (chapter R-7).

R.R.Q., 1981, c. R-7, r. 3, s. 1.

2. In this Regulation, unless the context indicates otherwise,

(a)  “calls for tenders in newspapers” means a notice published in at least one daily newspaper inviting potential buyers to submit tenders for the purchase of surplus movable property;

(b)  “invitation for tenders” means a notice individually addressed to certain buyers by the Board inviting them to submit tenders for the purchase of surplus movable property;

(c)  “surplus movable property” or “movable property” means furniture, equipment or parts of equipment, motor vehicles or parts of motor vehicles, materials of any sort or movable property that the Board does not require;

(d)  “Board” means the Régie des installations olympiques.

R.R.Q., 1981, c. R-7, r. 3, s. 2.

DIVISION II METHODS OF ALIENATION

3. The alienation of surplus movable property may be carried out in accordance with a decision made by the president and chief executive officer of the Board:

(a)  by transfer free of charge to the Gouvernement du Québec or to a public organization, or if this is not possible, by transfer free of charge to a non-profit organization, in which case authorization from the board of directors of the Board is required if the value of the property exceeds $5,000;

(b)  by auction carried out in accordance with the procedures approved beforehand by the board of directors of the Board;

(c)  by exchange for property of the same nature where the provisions of the Regulation respecting supply contracts of public bodies (chapter C-65.1, r. 2) have been followed with regard to the property acquired in the exchange; or

(d)  by sale by agreement.

R.R.Q., 1981, c. R-7, r. 3, s. 3.

DIVISION III SALE BY AGREEMENT

4. A contract of sale by agreement for surplus movable property cannot be entered into without the authorization of the board of directors of the Board, unless:

(a)  tenders have been called for, except:

i.  where there is only one possible buyer;

ii.  where the estimated amount of the sale is less than $200;

iii.  where it is preferable that the business establisment of the buyer be near the property to be alienated; or

iv.  where the property to be alienated is sold to a legal person or a non-profit organization, on condition that the amount of the transaction is under $1,000 and that the amount is at least equal to the estimated value of the property to be alienated;

(b)  the estimated amount of the sale is less than $50,000; and

(c)  the contract was not granted to the highest conformable tenderer when tenders were called for;

in such cases a sales contract for surplus movable property may be entered into with the authorization of the president and chief executive officer or any other person designated by the board of directors of the Board.

R.R.Q., 1981, c. R-7, r. 3, s. 4.

5. Where, under the said Regulation, tenders are required, they must be called for in newspapers or by invitation for tenders.

The procedure for calls for tenders in newspapers must be used when the estimated value of the movable property or of the lot of movable property in question exceeds $20,000.

In all other cases, the procedure of invitations for tenders may be used.

R.R.Q., 1981, c. R-7, r. 3, s. 5.

6. For the invitation of tenders, the selection of buyers invited to tender shall be made in accordance with the directives set forth for that purpose by the board of directors of the Board.

R.R.Q., 1981, c. R-7, r. 3, s. 6.

7. The call for tenders in newspapers shall be published in French in at least one daily newspaper.

R.R.Q., 1981, c. R-7, r. 3, s. 7.

8. All calls for tenders made under this Regulation must include the following provisions and information:

(a)  a brief description of the property to be alienated;

(b)  the place where it is stored;

(c)  the place where the documents and information needed to prepare the tender may be obtained;

(d)  the conditions required to obtain the documents necessary to prepare the tender;

(e)  the place as well as the date and time limit set for the deposit and opening of tenders;

(f)  the conditions of payment;

(g)  the procedure for removing the movable property sold;

(h)  that the Board does not bind itself to accept the highest or any other tender;

(i)  that the tender will be valid for a stipulated time period;

(j)  that every tender, in order to be considered, be sent duly completed to the place indicated and before the time stipulated.

R.R.Q., 1981, c. R-7, r. 3, s. 8.

9. The documents respecting calls for tenders in newspapers must be given immediately to any person requesting them who fulfills the conditions prescribed in the calls for tenders for obtaining such documents.

R.R.Q., 1981, c. R-7, r. 3, s. 9.

10. The time limit for receipt of tenders for a call for tenders in newspapers is computed starting from the first publication made for calls for tenders and the time period involved may not be shorter than 8 working days.

R.R.Q., 1981, c. R-7, r. 3, s. 10.

11. The date for receipt of public tenders may be deferred to a later date by a notice given by telephone, telegram or letter to the persons to whom the documents respecting the call for tenders have been forwarded.

R.R.Q., 1981, c. R-7, r. 3, s. 11.

12. Except in cases of superior force, the opening of public tenders must immediately follow the time limit set for the receipt of tenders.

R.R.Q., 1981, c. R-7, r. 3, s. 12.

13. All tenders received for the same sale must be opened publicly by a representative of the Board in the presence of a witness.

R.R.Q., 1981, c. R-7, r. 3, s. 13.

14. If a tender is not filled out in accordance with the instructions for tenderers, or is not submitted with the required documents, or if the required documents are not filled out regularly, it must be rejected.

R.R.Q., 1981, c. R-7, r. 3, s. 14.

15. At the opening of tenders, the representative of the Board shall note and read aloud for each tender:

(a)  the tenderer’s firm name;

(b)  where a guarantee deposit is required in the call for tenders, whether or not it accompanies the tender;

(c)  whether or not the tender is signed;

(d)  its price if it appears conformable.

This information must be recorded and the name of a witness given.

R.R.Q., 1981, c. R-7, r. 3, s. 15.

DIVISION IV FINAL PROVISION

16. The board of directors of the Board may adopt all the necessary measures respecting the enforcing of this Regulation.

R.R.Q., 1981, c. R-7, r. 3, s. 16.

REFERENCES

R.R.Q., 1981, c. R-7, r. 3