C-37.01 - Act respecting the Communauté métropolitaine de Montréal

Section 109.3 Disposition versions

2021-12-09

109.3. A supply contract may take the form of a delivery order contract when the procurement requirements are recurrent, and the quantity of goods or the rate or frequency at which they are acquired are uncertain. Such a contract, whose term may not exceed three years, may be entered into with one or more suppliers.

The call for tenders or a document to which it refers must indicate the approximate quantities of the goods that may be acquired or, failing that, the approximate value of the contract.

The tenders are evaluated according to the price or according to a system of bid weighting and evaluating in accordance with section 109 or 109.1.

If the delivery order contract is entered into with more than one supplier, the orders are awarded to the supplier who proposed the lowest price or obtained the highest score, as the case may be, unless the supplier cannot fill the orders, in which case the other suppliers are solicited according to their respective rank.

A delivery order contract may allow any selected supplier to replace goods offered by equivalent goods or to reduce the price of goods offered. The call for tenders or a document to which it refers must then indicate the procedure applicable to make such amendments as well as the mechanism to inform the other selected suppliers of the amendments.

2021, c. 35, s. 15.