A-33.2.1 - Act respecting the Autorité des marchés publics

Section 29 Disposition versions

2022-06-02

29. When an audit or investigation is concluded, the Authority may

(1)  order the public body to amend, to the Authority’s satisfaction, its tender documents or cancel the public call for tenders if the Authority is of the opinion that the conditions of the call for tenders do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework;

(2)  order the public body not to follow up on its intention to enter into a public contract by mutual agreement if the Authority is of the opinion that a complainant that has expressed interest is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice of intention, in which case the public body must issue a public call for tenders if it intends to enter into the contract;

(3)  order the public body to call on an independent process auditor for the tendering processes the Authority indicates;

(4)  designate an independent person to act as a member of a selection committee for the tendering of a public contract the Authority indicates;

(5)  despite any prohibition against the disclosure of information relating to a selection committee member’s identity or allowing a selection committee member to be identified as such, order the public body to send the Authority, for approval, the composition of the selection committees for the tendering processes the Authority indicates;

(5.1)  order the public body to take corrective measures, perform appropriate follow-up or implement any other measures, such as oversight and support measures, to ensure that a public contract is performed in compliance with the requirements specified in the tender documents or other contractual documents, and require that it be informed in writing, within the time specified, of the measures taken by the public body to comply with such a decision; and

(6)  suspend the performance of any public contract for the time it specifies or cancel such a contract if it is of the opinion that the seriousness of the breaches observed justifies suspending or cancelling the contract or if the public body has not complied with an order issued under subparagraph 5.1 to its satisfaction.

The decisions made by the Authority are public and must be made available by the Authority on its website. However, in the case of a decision made under subparagraph 4 of the first paragraph, the identity of the person designated to act as a member of a selection committee must not be disclosed.

In addition, following a decision made under subparagraph 1 or 2 of the first paragraph, the Authority requires the operator of the electronic tendering system to enter a brief description of the decision on the system without delay.

Despite the first paragraph, if the audit or investigation concerns a municipal body, a decision of the Authority takes the form of a recommendation to the body’s council or board.

2017, c. 27, s. 29; 2022, c. 18, s. 68.

2019-05-25

29. When an audit or investigation is concluded, the Authority may

(1)  order the public body to amend, to the Authority’s satisfaction, its tender documents or cancel the public call for tenders if the Authority is of the opinion that the conditions of the call for tenders do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework;

(2)  order the public body not to follow up on its intention to enter into a public contract by mutual agreement if the Authority is of the opinion that a complainant that has expressed interest is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice of intention, in which case the public body must issue a public call for tenders if it intends to enter into the contract;

(3)  order the public body to call on an independent process auditor for the tendering processes the Authority indicates;

(4)  designate an independent person to act as a member of a selection committee for the tendering of a public contract the Authority indicates;

(5)  despite any prohibition against the disclosure of information relating to a selection committee member’s identity or allowing a selection committee member to be identified as such, order the public body to send the Authority, for approval, the composition of the selection committees for the tendering processes the Authority indicates; and

(6)  when the Authority exercises the functions assigned to it under subparagraph 4 of the first paragraph of section 21, suspend the performance of any public contract for the time it specifies or cancel such a contract if it is of the opinion that the seriousness of the breaches observed as regards contract management justifies suspending or cancelling the contract.

The decisions made by the Authority are public and must be made available by the Authority on its website. However, in the case of a decision made under subparagraph 4 of the first paragraph, the identity of the person designated to act as a member of a selection committee must not be disclosed.

In addition, following a decision made under subparagraph 1 or 2 of the first paragraph, the Authority requires the operator of the electronic tendering system to enter a brief description of the decision on the system without delay.

Despite the first paragraph, if the audit or investigation concerns a municipal body, a decision of the Authority takes the form of a recommendation to the body’s council or board.

2017, c. 27, s. 29.

2019-01-25

29. When an audit or investigation is concluded, the Authority may

(1)  order the public body to amend, to the Authority’s satisfaction, its tender documents or cancel the public call for tenders if the Authority is of the opinion that the conditions of the call for tenders do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework;

In force: 2019-05-25

(2)  order the public body not to follow up on its intention to enter into a public contract by mutual agreement if the Authority is of the opinion that a complainant that has expressed interest is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice of intention, in which case the public body must issue a public call for tenders if it intends to enter into the contract;

(3)  order the public body to call on an independent process auditor for the tendering processes the Authority indicates;

(4)  designate an independent person to act as a member of a selection committee for the tendering of a public contract the Authority indicates;

(5)  despite any prohibition against the disclosure of information relating to a selection committee member’s identity or allowing a selection committee member to be identified as such, order the public body to send the Authority, for approval, the composition of the selection committees for the tendering processes the Authority indicates; and

(6)  when the Authority exercises the functions assigned to it under subparagraph 4 of the first paragraph of section 21, suspend the performance of any public contract for the time it specifies or cancel such a contract if it is of the opinion that the seriousness of the breaches observed as regards contract management justifies suspending or cancelling the contract.

The decisions made by the Authority are public and must be made available by the Authority on its website. However, in the case of a decision made under subparagraph 4 of the first paragraph, the identity of the person designated to act as a member of a selection committee must not be disclosed.

In addition, following a decision made under subparagraph 1 or 2 of the first paragraph, the Authority requires the operator of the electronic tendering system to enter a brief description of the decision on the system without delay.

Despite the first paragraph, if the audit or investigation concerns a municipal body, a decision of the Authority takes the form of a recommendation to the body’s council or board.

2017, c. 27, s. 29.

Not in force

Not in force

29. When an audit or investigation is concluded, the Authority may

(1)  order the public body to amend, to the Authority’s satisfaction, its tender documents or cancel the public call for tenders if the Authority is of the opinion that the conditions of the call for tenders do not ensure the honest and fair treatment of tenderers, do not allow tenderers to compete although they are qualified to meet the stated procurement requirements, or are otherwise not compliant with the normative framework;

(2)  order the public body not to follow up on its intention to enter into a public contract by mutual agreement if the Authority is of the opinion that a complainant that has expressed interest is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice of intention, in which case the public body must issue a public call for tenders if it intends to enter into the contract;

(3)  order the public body to call on an independent process auditor for the tendering processes the Authority indicates;

(4)  designate an independent person to act as a member of a selection committee for the tendering of a public contract the Authority indicates;

(5)  despite any prohibition against the disclosure of information relating to a selection committee member’s identity or allowing a selection committee member to be identified as such, order the public body to send the Authority, for approval, the composition of the selection committees for the tendering processes the Authority indicates; and

(6)  when the Authority exercises the functions assigned to it under subparagraph 4 of the first paragraph of section 21, suspend the performance of any public contract for the time it specifies or cancel such a contract if it is of the opinion that the seriousness of the breaches observed as regards contract management justifies suspending or cancelling the contract.

The decisions made by the Authority are public and must be made available by the Authority on its website. However, in the case of a decision made under subparagraph 4 of the first paragraph, the identity of the person designated to act as a member of a selection committee must not be disclosed.

In addition, following a decision made under subparagraph 1 or 2 of the first paragraph, the Authority requires the operator of the electronic tendering system to enter a brief description of the decision on the system without delay.

Despite the first paragraph, if the audit or investigation concerns a municipal body, a decision of the Authority takes the form of a recommendation to the body’s council or board.

2017, c. 27, s. 29.