P-32, r. 1 - Regulation respecting Contracts of the Public Protector

Section 67 Disposition versions

2012-09-01

67. The Public Protector may require a quality assurance system, including the ISO 9001:2000 standard, or a specification relating to sustainable development and the environment for the carrying out of a contract. The Public Protector must specify the requirement in the tender documents.

If such a requirement unduly reduces competition, the Public Protector must allow any service provider, supplier or contractor to submit a tender and grant to the tenderer that fulfils the requirement referred to in the first paragraph a preferential margin not exceeding 10%. In the latter case, the price submitted by such a service provider, supplier or contractor is, for the sole purpose of determining the successful tenderer, reduced by the preferential margin, without any effect on the price for contract awarding purposes.

The percentage of the preferential margin to be applied must be indicated in the tender documents.

In the case of a contract whose quality evaluation is based solely on the quality measurement, the Public Protector must ascertain that there is enough competition to allow the first paragraph to apply.

Decision 1462-2, s. 67.