E-3.3, r. 6 - Regulation respecting contracts of the Chief Electoral Officer

Section 8 Disposition versions

2012-09-01

8. A call for tenders is not required in any of the following cases:

(1)  where a contract is awarded to one of the suppliers on the list of suppliers whose standing offers have been accepted;

(2)  where a contract is awarded to a contracting party other than a supplier within the meaning of section 3;

(3)  where the name of only one supplier is requested or obtained from the central register;

(4)  where, after an extensive and documented search, only one supplier with an establishment in Québec was found to meet the requirements and to have the qualifications necessary to carry out the contract or there are no qualified suppliers in the territory in question;

(5)  where entering into a contract with a supplier other than the supplier having supplied movable property, a service or construction work could void existing guarantees on the movable property, service or work;

(6)  where because of the cost of transportation of construction materials or because a supplier holds a copyright or right of ownership providing a significant advantage over other potential suppliers, there can be no competition since only one supplier is able to submit a tender at an economically attractive price;

(7)  where a contract is awarded to the only possible supplier by reason of an exclusive right such as a copyright or a right based on a licence or a patent, or by reason of the artistic or museological value of the goods or services to be supplied;

(8)  where a contract is awarded under a co-production agreement in the cultural field and such agreement provides for specific contract conditions and financial participation by a co-producer who is not subject to this Regulation;

(9)  where the contract is for less than $25,000 and is for the furnishings of the private office used by the Chief Electoral Officer in the performance of his or her duties;

(10)  where the contract is for the purchase of movable property intended for resale to the public;

(11)  where the contract is for the purchase of books, works of art or documents deposited in accordance with Chapter II.1 of the Act respecting Bibliothèque et Archives nationales du Québec (chapter B-1.2);

(12)  where a construction contract or auxiliary services contract is given to a public utility firm referred to in section 98 of the Charter of the French language (chapter C-11) within the scope of its activities;

(13)  where the contract is for legal, financial or banking services;

(14)  where the contract is a service contract for the hiring of a labour relations investigator, conciliator, negotiator or arbitrator, or of an expert court witness;

(15)  where a professional services contract is given to the designer of the original construction plans and specifications for adaptation, alteration or supervision work and the original plans and specifications are used again;

(16)  where a professional services contract is given to the designer of the plans and specifications for the supervision of work;

(17)  where a professional services contract is given to the designer of the plans and specifications or to the person who supervised the work for the defense of the Chief Electoral Officer’s interests with respect to a claim submitted to the Common law or to an arbitration procedure;

(18)  where a service contract relating to training activities or consulting services is awarded to a private educational institution dispensing the educational services referred to in paragraphs 4 and 8 of section 1 of the Act respecting private education (chapter E-9.1);

(19)  where a professional services contract relating to study or research activities is awarded to an educational institution at the university level referred to in section 1 of the Act respecting educational institutions at the university level (chapter E-14.1);

(20)  where the contract is related to a formal event and is for accommodation, restaurant, hall rental or cruise services;

(21)  where the contract is for auxiliary services and is subject to a set rate prescribed under an Act or approved by the Government or by the Conseil du trésor;

(22)  where the contract is for less than $100,000 and is a travel services contract under which section 18 applies;

(23)  where the contract is for repairing motor vehicles or heavy equipment;

(24)  where the goods to be purchased under the contract have already been the object of a leasing contract, and the payments are totally or partially credited to the purchase;

(25)  where the Chief Electoral Officer makes the media placement directly;

(26)  where the contract concerns the leasing of an immovable the estimated amount of which is less than $75,000 and the duration of which does not exceed 1 year;

(27)  where the contract is for the renewal of a leasing contract; or

(28)  where the contract is for construction work on an immovable or part of an immovable leased by the Chief Electoral Officer and for related professional services, and the contract is to be performed by the lessor of the immovable.

Decision 1155, s. 8.