3. The following public procurement contracts are subject to this Act when they involve public expenditure:(1) supply contracts, including contracts for the purchase, lease or rental of movable property, which may include the cost of installing, operating and maintaining the property;
(2) construction contracts to which the Building Act (chapter B-1.1) applies and for which the contractor must hold the licence required under Chapter IV of that Act; and
(3) service contracts other than contracts to integrate the arts with the architecture and environment of government buildings and sites.
The following contracts are also subject to this Act whether or not they involve public expenditure:(1) public-private partnership contracts within the meaning of the Act respecting the Agence des partenariats public-privé du Québec (chapter A-7.002); and
(2) any other contract determined by government regulation.
Contracts of affreightment, contracts of carriage other than those subject to the Education Act (chapter I-13.3), damage insurance contracts and contracts of enterprise other than construction contracts are considered to be service contracts.