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

Section 40.3 Disposition versions

2024-01-04

40.3. A public body may, to award an architecture or engineering service contract relating to construction work, request a price and a quality demonstration.

Tenders are given a score out of a total of 100 points, including not less than 40 points and not more than 70 points for quality and not less than 30 points and not more than 60 points for the price.

The quality of a tender is evaluated in accordance with the evaluation conditions in sections 1 to 7 of Schedule 2.

The tendered price is evaluated on the basis of the gap between that price and

(1)  the median market price (MMP), which is calculated on the basis of the prices of acceptable tenders submitted and the contract price estimated by the public body at the time of the call for tenders;

(2)  the upper limit (UL) and lower limit (LL) of a price range determined on the basis of the median market price, which are calculated according to the following formulas:

LL = MMP × (1 - X)

UL = MMP × (1 + X)

where X is the proportion, expressed as a percentage, of the contract price estimated at the time of the call for tenders that the public body is prepared to pay in excess of that price, the proportion being not less than 40% and not more than 60%.

The maximum points relating to the price are attributed to the tender whose price is within the optimal market price range whose upper and lower limits are established by subtracting or adding, as the case may be, to the median market price an amount equivalent to 5% of the value of that median.

No points are attributed to a tender whose price is outside the price range determined in accordance with subparagraph 2 of the fourth paragraph.

In addition, the number of points attributed to a tender that is covered neither by the fifth nor the sixth paragraphs is calculated according to the following formula:

(Y - | MMP - P |)		× Z
(Y - (MMP × 5%))

where

P is the price submitted;

Y is the amount resulting from the difference between the upper limit of the price range and the median market price;

Z is the maximum points relating to price that can be attributed to a tender.

O.C. 1747-2023, s. 10.