C-37.01 - Act respecting the Communauté métropolitaine de Montréal

Section 109.1 Disposition versions

2018-04-19

109.1. The Community may use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

(1)  the system must have a minimum of four evaluation criteria in addition to price;

(2)  the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

(2.1)  the system must mention, if applicable, all the evaluation criteria and the minimum number of points that must be assigned to each to establish an interim score for a tender;

(2.2)  the system must mention the factor, varying between 0 and 50, to be added to the interim score in the formula in subparagraph e of subparagraph 3 for establishing the final score;

(3)  the Community shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards envelopes or electronic sendings containing the proposed price, open only those from persons whose tender has obtained an interim score of at least 70 and return the others unopened to the senders, despite the ninth paragraph of section 108;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by the factor determined under subparagraph 2.2 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must

(1)  mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria;

(2)  specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price;

(2.1)  despite subparagraph 2, if the Community accepts electronic submission of tenders, specify that the tender must be submitted in two separate sendings, the first containing all the documents and the second containing the proposed price; and

(3)  mention which criterion, between the lowest proposed price and the highest interim score, will be used to break a tie in the number of points assigned to final tenders by the selection committee.

The council may not award the contract to a person other than the person who submitted a tender within the prescribed time and whose tender received the highest final score. If more than one tender obtained the highest final score, the council shall award the contract to the person who submitted the tender that meets the criterion mentioned, in accordance with subparagraph 3 of the second paragraph, in the call for tenders or a document to which it refers.

For the purposes of the second sentence of the tenth paragraph of section 108, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

2002, c. 37, s. 124; 2006, c. 60, s. 44; 2012, c. 30, s. 9; 2016, c. 17, s. 30; 2017, c. 13, s. 118; 2018, c. 8, s. 121.

2017-06-16

109.1. The Community may use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

(1)  the system must have a minimum of four evaluation criteria in addition to price;

(2)  the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

(2.1)  the system must mention, if applicable, all the evaluation criteria and the minimum number of points that must be assigned to each to establish an interim score for a tender;

(2.2)  the system must mention the factor, varying between 0 and 50, to be added to the interim score in the formula in subparagraph e of subparagraph 3 for establishing the final score;

(3)  the Community shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding the ninth paragraph of section 108;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by the factor determined under subparagraph 2.2 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must

(1)  mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria;

(2)  specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price; and

(3)  mention which criterion, between the lowest proposed price and the highest interim score, will be used to break a tie in the number of points assigned to final tenders by the selection committee.

The council may not award the contract to a person other than the person who submitted a tender within the prescribed time and whose tender received the highest final score. If more than one tender obtained the highest final score, the council shall award the contract to the person who submitted the tender that meets the criterion mentioned, in accordance with subparagraph 3 of the second paragraph, in the call for tenders or a document to which it refers.

For the purposes of the second sentence of the tenth paragraph of section 108, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

2002, c. 37, s. 124; 2006, c. 60, s. 44; 2012, c. 30, s. 9; 2016, c. 17, s. 30; 2017, c. 13, s. 118.

2016-06-10

109.1. Where a contract for professional services is to be awarded, the Community must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

(1)  the system must have a minimum of four evaluation criteria in addition to price;

(2)  the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

(3)  the Community shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding the ninth paragraph of section 108;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.

The Community shall not award the contract to a person other than

(1)  the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;

(2)  where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;

(3)  where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.

For the purposes of the second sentence of the tenth paragraph of section 108, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

Where a contract not covered by the first paragraph is to be awarded, the Community may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third and fourth paragraphs apply.

2002, c. 37, s. 124; 2006, c. 60, s. 44; 2012, c. 30, s. 9; 2016, c. 17, s. 30.

2013-06-26

109.1. Where a contract for professional services is to be awarded, the Community must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

(1)  the system must have a minimum of four evaluation criteria in addition to price;

(2)  the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

(3)  the Community shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding the ninth paragraph of section 108;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.

The Community shall not award the contract to a person other than

(1)  the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;

(2)  where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;

(3)  where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.

For the purposes of the second sentence of the tenth paragraph of section 108, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

The Community may adopt a by-law delegating the power to establish a selection committee to an employee and setting the conditions and procedures for the exercise of the delegated power.

Where a contract not covered by the first paragraph is to be awarded, the Community may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third, fourth and fifth paragraphs apply.

2002, c. 37, s. 124; 2006, c. 60, s. 44; 2012, c. 30, s. 9.

2006-12-14

109.1. Where a contract for professional services is to be awarded, the Community must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

(1)  the system must have a minimum of four evaluation criteria in addition to price;

(2)  the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

(3)  the Community shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding the seventh paragraph of section 108;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.

The Community shall not award the contract to a person other than

(1)  the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;

(2)  where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;

(3)  where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.

For the purposes of the second sentence of the eighth paragraph of section 108, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

The Community may adopt a by-law delegating the power to establish a selection committee to an employee and setting the conditions and procedures for the exercise of the delegated power.

Where a contract not covered by the first paragraph is to be awarded, the Community may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third, fourth and fifth paragraphs apply.

2002, c. 37, s. 124; 2006, c. 60, s. 44.

2002-06-14

109.1. Where a contract for professional services is to be awarded, the Community must use a system of bid weighting and evaluating whose establishment and operation are consistent with the following rules:

(1)  the system must have a minimum of four evaluation criteria in addition to price;

(2)  the system must provide for the maximum number of points that may be assigned to a tender for each of the criteria other than price; that number may not be greater than 30 out of a total of 100 points that may be assigned to a tender for all the criteria;

(3)  the Community shall establish a selection committee consisting of at least three members, other than council members, which must

(a)  evaluate each tender without knowing the price;

(b)  assign a number of points to the tender for each criterion;

(c)  establish an interim score for each tender by adding the points obtained for all the criteria;

(d)  as regards the envelopes containing the proposed price, open only those envelopes from persons whose tender has obtained an interim score of at least 70, and return the other envelopes unopened to the senders, notwithstanding the seventh paragraph of section 108;

(e)  establish the final score for each tender that has obtained an interim score of at least 70, by dividing the product obtained by multiplying the interim score increased by 50 by 10,000, by the proposed price.

The call for tenders or a document to which it refers must mention all the requirements and all the criteria that will be used to evaluate the bids, in particular the minimum interim score of 70, and the bid weighting and evaluating methods based on those criteria. The call for tenders or the document, as the case may be, must specify that the tender is to be submitted in an envelope containing all the documents and an envelope containing the proposed price.

The Community shall not award the contract to a person other than

(1)  the person whose bid was received within the time fixed and obtained the highest final score, subject to subparagraphs 2 and 3;

(2)  where subparagraph 1 applies to more than one person, the person tendering the lowest price, subject to subparagraph 3;

(3)  where subparagraph 2 applies to more than one person, the person favoured by a drawing of lots.

For the purposes of the second sentence of the eighth paragraph of section 108, the tender of the person determined under the third paragraph shall be considered to be the lowest tender.

Where a contract not covered by the first paragraph is to be awarded, the Community may choose to use a system whose establishment and operation are consistent with the rules set out in that paragraph. In such a case, the second, third and fourth paragraphs apply.

2002, c. 37, s. 124.