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

Section 40.11 Disposition versions

2024-01-04

40.11. The public body conducts the competition by means of a two-stage public call for tenders.

At the first stage, the public body selects candidates by soliciting only a quality demonstration.

The public body opens the applications 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 submissions received, ensuring that candidates are eligible and their tenders are compliant.

The jury evaluates the quality of submissions in accordance with the evaluation conditions in sections 1 to 7 of Schedule 2. All submissions having the acceptable level of performance are retained. If only a limited number of candidates are invited to take part in the second stage, those having obtained the highest final scores are retained.

If the public body rejects a submission because the candidate is ineligible or the submission is non-compliant, the public body so informs the candidate, specifying the reason for the rejection, at the same time as the public body sends the selected candidates their invitation to take part, as finalists, in the second stage. At the same time, the public body publishes in the electronic tendering system the names of the candidates having taken part in the first stage as well as the names of the finalists among them.

At the second stage, the public body invites the finalists to submit a proposal that includes a quality demonstration. Despite section 9.2, the public body may allow finalists to submit a proposal that is not compatible with the electronic tendering system by a means that the public body indicates in that system. The public body ascertains the integrity of the proposal transmitted through that means.

To evaluate the quality of the proposal, the jury must take into account the extent to which the design that is the subject of the proposal is feasible and keeps to the estimated cost of the work. Proposals that do not reach an acceptable level of performance in regard to either of those 2 criteria are rejected.

The jury may invite the finalists to present the proposal and to interact with them. The mode of communication chosen must ensure that the members of the selection committee sitting on the jury remain anonymous.

The contract is awarded to the winner of the competition, that is the finalist whose proposal best meets all the criteria. The jury may also award prizes and honourable mentions to the other finalists.

The public body must pay, to each of the finalists, the compensation provided for in the tender documents. The compensation received by the winner of the competition represents an advance on the fees owed to the winner for carrying out the contract.

Sections 18 and 28 apply to a contract awarding process conducted according to the provisions of this subdivision. Where the quality of the proposals is not evaluated in accordance with the evaluation conditions in sections 1 to 7 of Schedule 2, the information that the public body must send to finalists pursuant to section 28 includes, where applicable, their quality score and corresponding rank, the name of the winner and, where applicable, the quality score of the winner.

O.C. 1747-2023, s. 10.