C-65.1, r. 4 - Regulation respecting certain service contracts of public bodies

Section 40.1 Disposition versions

Not in force

In force: 2025-07-05

40.1. A public body may, to award an architecture or engineering contract relating to construction work, request a quality demonstration based on predetermined evaluation criteria in order to negotiate the price of the contract.

The public body opens the tenders only in the presence of the secretary of the selection committee or its representative at the designated place and on the date and time fixed in the tender documents and applies the provisions of section 10.1.

The public body evaluates the quality of a tender in accordance with the evaluation conditions in sections 1 to 7 of Schedule 2. If several service providers obtain identical final scores, the public body determines the ranking of the service providers concerned by a drawing of lots.

Within 15 days of the date of informing service providers of the result of the tender quality evaluation, the public body must begin negotiations on the price of the contract with the service provider whose acceptable tender obtained the highest final score, or who won the draw, where applicable.

The negotiation period to enter into a written agreement is 90 days. Not later than the 60th day of this period, if no agreement has been reached, the public body must inform the tenderer of the state of negotiations.

If the parties terminate negotiations or upon the expiry of the 90-day period, the public body negotiates the price of the contract, in accordance with the conditions in the fifth paragraph, with the subsequent service provider whose acceptable tender obtained the highest final score or who won the draw, where applicable. The public body proceeds in this manner until an agreement is entered into or until there are no more service providers whose tenders are acceptable.

The contract is awarded to the service provider with which the public body enters into a written agreement.

The public body publishes in the electronic tendering system the names of the service providers who filed tenders within 4 working days following the awarding of the contract.

O.C. 1747-2023, s. 10.