C-65.1, r. 5.1 - Regulation respecting contracting by public bodies in the field of information technologies

Section 48.1 Disposition versions

2024-03-07

48.1. A delivery order contract relating to software may be entered into by mutual agreement with a supplier, through the Centre d’acquisitions gouvernementales, where the contract

(1)  is for the benefit of joint public bodies or public bodies using common support system services provided by the Minister of Cybersecurity and Digital Technology;

(2)  relates to software already held by the public body and whose object is, as the case may be,

(a)  the update or upgrade of the software;

(b)  the delivery of additional copies of the software for a maximum quantity equal to that held by the public body before entering into the contract except for software used for common support system services provided by the Minister of Cybersecurity and Digital Technology; or

(c)  the procurement of software in addition to the software held by the public body where no other interoperable software offering the functionalities and requirements sought exists; and

(3)  concerns software that, in the opinion of the chief information officer or a staff member designated by the chief information officer for that purpose, further to a global assessment, is likely essential to the operation of a system used to support the carrying out of the State’s mission.

In addition, the software referred to in the first paragraph must be necessary for the public body to avoid

(1)  being unable to fulfil its mission;

(2)  adversely affecting the services offered to citizens, enterprises or other public bodies;

(3)  contravening laws and regulations; or

(4)  substantially duplicating the costs for the common support system services provided by the Minister of Cybersecurity and Digital Technology.

O.C. 128-2024, s. 1.