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C-27.1 - Municipal Code of Québec

Section 938.2
Disposition versions

Full text
938.2. A municipality may obtain any movable property or service from or through the Centre d’acquisitions gouvernementales or, as the case may be, Minister of Cybersecurity and Digital Technology.
A municipality may enter into a contract by mutual agreement with a cloud supplier or service provider who is a party to a framework agreement entered into with Minister of Cybersecurity and Digital Technology, provided that
(1)  the contract concerns goods or services referred to in the framework agreement;
(2)  the term of the contract, including any renewal, does not exceed three years;
(3)  the supplier or service provider retained is the one whose tender is the most advantageous based on the price of the contract or any other criteria related to the object of the contract, such as technological compatibility, accessibility of goods or services, performance and technical assistance; and
(4)   the goods or services referred to in the framework agreement take into account the applicable criteria related to security, levels of services and compliance.
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935, 936 and 938.0.2 and the regulation under article 938.1.1 do not apply to contracts entered into by the municipality with or through the Centre d’acquisitions gouvernementales or, as the case may be, Minister of Cybersecurity and Digital Technology in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1).
1999, c. 59, s. 14; 2000, c. 8, s. 243; 2005, c. 7, s. 62; 2006, c. 60, s. 40; 2006, c. 29, s. 52; 2010, c. 1, s. 24; 2016, c. 30, s. 4; 2020, c. 2, s. 19; 2020, c. 2, s. 19; 2021, c. 33, s. 45.
938.2. A municipality may obtain any movable property or service from or through the Centre d’acquisitions gouvernementales or, as the case may be, Infrastructures technologiques Québec.
A municipality may enter into a contract by mutual agreement with a cloud supplier or service provider who is a party to a framework agreement entered into with Infrastructures technologiques Québec, provided that
(1)  the contract concerns goods or services referred to in the framework agreement;
(2)  the term of the contract, including any renewal, does not exceed three years;
(3)  the supplier or service provider retained is the one whose tender is the most advantageous based on the price of the contract or any other criteria related to the object of the contract, such as technological compatibility, accessibility of goods or services, performance and technical assistance; and
(4)   the goods or services referred to in the framework agreement take into account the applicable criteria related to security, levels of services and compliance.
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935, 936 and 938.0.2 and the regulation under article 938.1.1 do not apply to contracts entered into by the municipality with or through the Centre d’acquisitions gouvernementales or, as the case may be, Infrastructures technologiques Québec in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1).
1999, c. 59, s. 14; 2000, c. 8, s. 243; 2005, c. 7, s. 62; 2006, c. 60, s. 40; 2006, c. 29, s. 52; 2010, c. 1, s. 24; 2016, c. 30, s. 4; 2020, c. 2, s. 19; 2020, c. 2, s. 19.
938.2. A municipality may obtain any movable property or service from or through the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).
A municipality may enter into a contract by mutual agreement with a cloud supplier or service provider who is a party to a framework agreement entered into with the Centre de services partagés du Québec under Order in Council 923-2015 dated 28 October 2015 and any amendments to it, provided that
(1)  the contract concerns goods or services referred to in the framework agreement;
(2)  the term of the contract, including any renewal, does not exceed three years; and
(3)  the supplier or service provider retained is the one whose tender is the most advantageous based on the price of the contract or any other criteria related to the object of the contract, such as technological compatibility, accessibility of goods or services, performance and technical assistance.
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935, 936 and 938.0.2 and the regulation under article 938.1.1 do not apply to contracts entered into by the municipality with or through the Centre de services partagés du Québec in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1).
1999, c. 59, s. 14; 2000, c. 8, s. 243; 2005, c. 7, s. 62; 2006, c. 60, s. 40; 2006, c. 29, s. 52; 2010, c. 1, s. 24; 2016, c. 30, s. 4.
938.2. A municipality may obtain any movable property or service from or through the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935, 936 and 938.0.2 and the regulation under article 938.1.1 do not apply to contracts entered into by the municipality with or through the Centre de services partagés du Québec in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1).
1999, c. 59, s. 14; 2000, c. 8, s. 243; 2005, c. 7, s. 62; 2006, c. 60, s. 40; 2006, c. 29, s. 52; 2010, c. 1, s. 24.
938.2. A municipality may obtain any movable property or service from or through the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935, 936 and 938.0.2 do not apply to contracts entered into by the municipality with or through the Centre de services partagés du Québec in accordance with the regulations under the Act respecting contracting by public bodies (chapter C-65.1).
1999, c. 59, s. 14; 2000, c. 8, s. 243; 2005, c. 7, s. 62; 2006, c. 60, s. 40; 2006, c. 29, s. 52.
938.2. A municipality may obtain any movable property or service from or through the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935, 936 and 938.0.2 do not apply to contracts entered into by the municipality with or through the Centre de services partagés du Québec in accordance with the regulations under the Public Administration Act (chapter A-6.01).
1999, c. 59, s. 14; 2000, c. 8, s. 243; 2005, c. 7, s. 62; 2006, c. 60, s. 40.
938.2. A municipality may obtain any movable property or service from or through the Centre de services partagés du Québec established by the Act respecting the Centre de services partagés du Québec (chapter C-8.1.1).
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935 and 936 do not apply to contracts entered into by the municipality with or through the Centre de services partagés du Québec in accordance with the regulations under the Public Administration Act (chapter A-6.01).
1999, c. 59, s. 14; 2000, c. 8, s. 243; 2005, c. 7, s. 62.
938.2. A municipality may obtain any movable property from or through the General Purchasing Director designated under section 3 of the Act respecting the Service des achats du gouvernement (chapter S-4). A municipality may also obtain any service through the General Purchasing Director acting within a mandate entrusted to the General Purchasing Director by the Government under section 4.1 of that Act.
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935 and 936 do not apply to contracts entered into by the municipality with or through the General Purchasing Director in accordance with the regulations under the Public Administration Act (chapter A-6.01).
1999, c. 59, s. 14; 2000, c. 8, s. 243.
938.2. A municipality may obtain any movable property from or through the General Purchasing Director designated under section 3 of the Act respecting the Service des achats du gouvernement (chapter S-4). A municipality may also obtain any service through the General Purchasing Director acting within a mandate entrusted to the General Purchasing Director by the Government under section 4.1 of that Act.
To the extent that the terms of any agreement on the opening of public procurement applicable to the municipality are observed, articles 935 and 936 do not apply to contracts entered into by the municipality with or through the General Purchasing Director in accordance with the regulations under the Financial Administration Act (chapter A-6).
1999, c. 59, s. 14.
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