C-19, r. 1 - Rules for the awarding of certain contracts required by a municipal body, school service centre or school board to implement, operate or use a broadband telecommunications network

Section 2 Disposition versions

2021-07-15

2. The selection referred to in paragraph 1 of section 1 may be made by mutual agreement if the prospective party to the agreement is a non-profit organization.

In all other cases, the selection shall be made after a call for public proposals has been published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to any municipal body, school service centre or school board that is a party to the agreement. The call for public proposals must also be published in a newspaper circulated in the territory of any municipal body, school service centre or school board that is a party to the agreement or, if it is not circulated therein, in a publication specialized in the field and sold mainly in Québec.

The call for public proposals may stipulate that more than one proposal may be selected. It may also stipulate that only proposals meeting one of the following conditions will be considered:

(1)  the proposals are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to any municipal body, school service centre or school board that is a party to the agreement; or

(2)  the goods concerned are produced in a territory that includes Québec and any other province or territory referred to in subparagraph 1.

The second paragraph of subsection 2 and subsections 3 to 6 and 8 of section 573, section 573.1.0.1 and section 573.1.0.1.1 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, in particular:

(1)  one of the systems of bid weighting and evaluating must be selected; and

(2)  where the call for proposals provides for the selection of a number of proposals, only the number provided for may be selected and only the proposals with the highest scores may be considered.

M.O. 2002-07-26, s. 2; O.C. 816-2021, s. 18.

2012-09-01

2. The selection referred to in paragraph 1 of section 1 may be made by mutual agreement if the prospective party to the agreement is a non-profit organization.

In all other cases, the selection shall be made after a call for public proposals has been published by means of an electronic tendering system accessible both to contractors and suppliers having an establishment in Québec and to contractors and suppliers having an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to any municipal body or school board that is a party to the agreement. The call for public proposals must also be published in a newspaper circulated in the territory of any municipal body or school board that is a party to the agreement or, if it is not circulated therein, in a publication specialized in the field and sold mainly in Québec.

The call for public proposals may stipulate that more than one proposal may be selected. It may also stipulate that only proposals meeting one of the following conditions will be considered:

(1)  the proposals are submitted by contractors or suppliers, in addition to contractors or suppliers having an establishment in Québec, who have an establishment in a province or territory covered by an intergovernmental trade liberalization agreement applicable to any municipal body or school board that is a party to the agreement; or

(2)  the goods concerned are produced in a territory that includes Québec and any other province or territory referred to in subparagraph 1.

The second paragraph of subsection 2 and subsections 3 to 6 and 8 of section 573, section 573.1.0.1 and section 573.1.0.1.1 of the Cities and Towns Act (chapter C-19) apply, with the necessary modifications, in particular:

(1)  one of the systems of bid weighting and evaluating must be selected; and

(2)  where the call for proposals provides for the selection of a number of proposals, only the number provided for may be selected and only the proposals with the highest scores may be considered.

M.O. 2002-07-26, s. 2.