C-37.02 - Act respecting the Communauté métropolitaine de Québec

Section 105.0.2 Disposition versions

2018-04-19

105.0.2. If, in any of the situations mentioned in the second paragraph, the Community requires certain technical specifications, it must describe those specifications in terms of performance or functional requirements rather than in terms of descriptive characteristics. If unable to do so, the Community must provide that any description containing what is equivalent to descriptive characteristics will be considered compliant, and may define how equivalency to such characteristics will be evaluated.

The situations concerned are those

(1)  where, in a call for tenders under section 101 or under a regulation made under section 105.1 or 105.2, or in any document referred to in such a call for tenders, the Community requires technical specifications with regard to goods, services or work;

(2)  where, under section 102 or 102.1, the Community evaluates tenders submitted after a call for tenders under section 101 or under a regulation made under section 105.1 or 105.2 on the basis of the technical specifications of the goods, services or work; and

(3)  where, under sections 103 and 104, the Community establishes a qualification, certification or registration process that takes into account the technical specifications of the goods, services or work.

Technical specifications of goods, services or work include, in particular, their physical or, as applicable, professional characteristics and attributes.

2018, c. 8, s. 146.