C-65.1 - Act respecting contracting by public bodies

Section 13.1 Disposition versions

2024-10-09

13.1. The public body must, at least 15 days before entering into a contract by mutual agreement under subparagraph 4 of the first paragraph of section 13, publish on the electronic tendering system a notice of intention allowing any enterprise to express its interest in carrying out the contract. The notice of intention must, among other things, specify or include

(1)  the name of the enterprise with which the public body intends to enter into the contract by mutual agreement;

(2)  a detailed description of the public body’s procurement requirements and the contract obligations;

(3)  the projected contract date;

(4)  the reasons invoked by the public body for entering into a contract by mutual agreement despite the fact that the contract involves an expenditure equal to or above the public tender threshold; and

(5)  the address at which and the deadline by which an enterprise may express interest electronically and demonstrate that it is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice, that deadline being five days before the projected contract date.

Despite the first paragraph, publication of a notice of intention is not required if the following conditions are met:

(1)  the sole purpose of the contract is to meet the need expressed in a public call for tenders for which no compliant bids were submitted;

(2)  the successful bidder meets the requirements that the documents of the call for tenders referred to in subparagraph 1 imposed on interested enterprises;

(3)  the conditions imposed on the successful bidder by the contract are the same as those set out in the documents of the call for tenders referred to in subparagraph 1, except as regards the period of time allotted for carrying out the contract, which may not be postponed longer than the time elapsed between the tender closing date set for the call for tenders and the date the contract is entered into;

(4)  the successful bidder has sent a proposal to the public body within 90 days of the tender closing date set for the call for tenders referred to in subparagraph 1; and

(5)  the contract is entered into within 90 days of the date of receipt of the successful bidder’s proposal.

For the purposes of this Act, “enterprise” means a legal person established for a private interest, a general, limited or undeclared partnership or a natural person who operates a sole proprietorship.

2017, c. 27, s. 94; 2024, c. 28, s. 2.

2019-05-25

13.1. The public body must, at least 15 days before entering into a contract by mutual agreement under subparagraph 4 of the first paragraph of section 13, publish on the electronic tendering system a notice of intention allowing any enterprise to express its interest in carrying out the contract. The notice of intention must, among other things, specify or include

(1)  the name of the enterprise with which the public body intends to enter into the contract by mutual agreement;

(2)  a detailed description of the public body’s procurement requirements and the contract obligations;

(3)  the projected contract date;

(4)  the reasons invoked by the public body for entering into a contract by mutual agreement despite the fact that the contract involves an expenditure equal to or above the public tender threshold; and

(5)  the address at which and the deadline by which an enterprise may express interest electronically and demonstrate that it is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice, that deadline being five days before the projected contract date.

For the purposes of this Act, “enterprise” means a legal person established for a private interest, a general, limited or undeclared partnership or a natural person who operates a sole proprietorship.

2017, c. 27, s. 94.

2019-01-25

In force: 2019-05-25

13.1. The public body must, at least 15 days before entering into a contract by mutual agreement under subparagraph 4 of the first paragraph of section 13, publish on the electronic tendering system a notice of intention allowing any enterprise to express its interest in carrying out the contract. The notice of intention must, among other things, specify or include

(1)  the name of the enterprise with which the public body intends to enter into the contract by mutual agreement;

(2)  a detailed description of the public body’s procurement requirements and the contract obligations;

(3)  the projected contract date;

(4)  the reasons invoked by the public body for entering into a contract by mutual agreement despite the fact that the contract involves an expenditure equal to or above the public tender threshold; and

(5)  the address at which and the deadline by which an enterprise may express interest electronically and demonstrate that it is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice, that deadline being five days before the projected contract date.

For the purposes of this Act, “enterprise” means a legal person established for a private interest, a general, limited or undeclared partnership or a natural person who operates a sole proprietorship.

2017, c. 27, s. 94.

2017-12-01

Not in force

13.1. The public body must, at least 15 days before entering into a contract by mutual agreement under subparagraph 4 of the first paragraph of section 13, publish on the electronic tendering system a notice of intention allowing any enterprise to express its interest in carrying out the contract. The notice of intention must, among other things, specify or include

(1)  the name of the enterprise with which the public body intends to enter into the contract by mutual agreement;

(2)  a detailed description of the public body’s procurement requirements and the contract obligations;

(3)  the projected contract date;

(4)  the reasons invoked by the public body for entering into a contract by mutual agreement despite the fact that the contract involves an expenditure equal to or above the public tender threshold; and

(5)  the address at which and the deadline by which an enterprise may express interest electronically and demonstrate that it is capable of carrying out the contract according to the procurement requirements and obligations stated in the notice, that deadline being five days before the projected contract date.

For the purposes of this Act, “enterprise” means a legal person established for a private interest, a general, limited or undeclared partnership or a natural person who operates a sole proprietorship.

2017, c. 27, s. 94.