C-65.1, r. 1.1 - Regulation respecting supply contracts, service contracts and construction contracts of bodies referred to in section 7 of the Act respecting contracting by public bodies

À jour au 25 mai 2019

Ce document a valeur officielle.

chapter C-65.1, r. 1.1

Regulation respecting supply contracts, service contracts and construction contracts of bodies referred to in section 7 of the Act respecting contracting by public bodies

Act respecting contracting by public bodies

(chapter C-65.1, ss. 23.1 and 24.2).

CHAPTER I APPLICATION

1. This Regulation applies to supply contracts, service contracts and construction contracts referred to in the first paragraph of section 3 of the Act respecting contracting by public bodies (chapter C-65.1) that are entered into by a public body referred to in section 7 of that Act with a contractor referred to in section 1 of that Act.

O.C. 846-2011, s. 1.

1.1. For the purposes of this Regulation, the electronic tendering system is the one approved by the Government under section 11 of the Act.

S.Q. 2017, c. 27, s. 229.

CHAPTER I.1 PUBLIC CALL FOR TENDERS

S.Q. 2017, c. 27, s. 229.

1.2. Every public call for tenders for a contract governed by an intergovernmental agreement is made by publishing a notice on the electronic tendering system.

The notice forms part of the tender documents and must specify and contain

(1)  the name of the body;

(2)  a brief description of the goods, services or construction work and the place where the goods are to be delivered or the construction work performed, as the case may be;

(2.1)  the expected duration of the contract or the calendar for the delivery of the goods, the provision of the services or the performance of the construction work;

(2.2)  if applicable, a brief description of the options;

(3)  the nature and amount of any required tender security;

(4)  the intergovernmental agreement, within the meaning of section 2 of the Act, that applies;

(5)  the place where the tender documents and information may be obtained;

(6)  the place and the closing date and time for the receipt and opening of tenders; the time for receiving tenders may not be less than the time prescribed in the intergovernmental agreement that applies;

(7)  the deadline for filing complaints under section 21.0.4 of the Act; that deadline is determined, subject to the third paragraph, by adding to the date of the notice of the call for tenders a period corresponding to half the time for receiving tenders but which may not be less than 10 days; and

(8)  the fact that the body is not bound to accept any of the tenders received.

The body must ensure that there is a period of at least 4 working days between the closing date and the deadline referred to in subparagraphs 6 and 7 of the second paragraph. For the purposes of this Regulation, Saturday is considered a holiday, as are 2 January and 26 December.

For the purposes of this Regulation, “option” means a renewal option or an option concerning, as the case may be, the acquisition of additional goods identical to those initially acquired or the provision of additional services or performance of additional construction work of the same nature as those or that initially required, to the extent that the goods, services or work are or is offered at the same price and intended to fulfil the procurement requirements described under subparagraph 2 of the second paragraph.

S.Q. 2017, c. 27, s. 229; S.Q. 2018, c. 10, s. 10.

1.3. A body may amend its tender documents by means of an addendum sent to the suppliers, service providers or contractors concerned, as the case may be. An addendum must contain the information relating to the deadline for filing a complaint under section 21.0.4 of the Act or under section 40 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1), or specify whether the amendments to the tender documents result from a decision of the Autorité des marchés publics.

If the amendment is likely to affect the prices, the addendum must be sent at least 7 days before the tender closing date; if that 7-day period cannot be complied with, the closing date must be deferred by the number of days needed to ensure compliance with the minimum period.

An amendment made before the complaint filing deadline indicated on the electronic tendering system that modifies the tender closing date defers the complaint filing deadline by a period corresponding to half the time by which the tender submission period is extended.

Subject to the second paragraph, an amendment made 3 days or less before the tender closing date results in a minimum 3-day deferral of that date. However, the deferral must be such as to ensure that the date preceding the new tender closing date is a working day.

In addition, provided that it is specified in the tender documents, the body may reserve the right to not consider a request for details made, as the case may be, by a supplier, service provider or contractor if the request is sent to the body less than 3 working days before the tender closing date and time.

S.Q. 2017, c. 27, s. 229.

CHAPTER I.2 PROCESSING OF COMPLAINTS ABOUT A PUBLIC CALL FOR TENDERS

S.Q. 2017, c. 27, s. 229.

1.4. A complaint under section 21.0.4 of the Act about a public call for tenders must be filed with the body not later than the complaint filing deadline indicated on the electronic tendering system. Such a complaint may pertain only to the content of the tender documents available not later than 2 days before that deadline.

The complainant must, without delay, send a copy of the complaint to the Autorité des marchés publics for information purposes.

S.Q. 2017, c. 27, s. 229.

1.5. On receiving a first complaint, the body must make an entry to that effect on the electronic tendering system without delay, after having ascertained the complainant’s interest.

S.Q. 2017, c. 27, s. 229.

1.6. The body must send the complainant its decision electronically after the complaint filing deadline but not later than 3 days before the tender closing date it has determined. If necessary, the body must defer the tender closing date.

The body must also, if applicable, inform the complainant of the complainant’s right to file a complaint under section 37 of the Act respecting the Autorité des marchés publics (chapter A-33.2.1) within 3 days after receiving the decision.

S.Q. 2017, c. 27, s. 229.

1.7. If the body has received two or more complaints about the same public call for tenders, it must send both or all of its decisions at the same time.

S.Q. 2017, c. 27, s. 229.

1.8. The body must, when sending its decision on a complaint filed with it, make an entry to that effect on the electronic tendering system without delay.

S.Q. 2017, c. 27, s. 229.

1.9. The body must defer the tender closing date by the number of days needed to allow a minimum period of 7 days to remain from the date its decision is sent.

S.Q. 2017, c. 27, s. 229.

1.10. If, 2 days before the tender closing date, the body has not indicated on the electronic tendering system that it has sent its decision on a complaint, the system operator must, without delay, defer the tender closing date by 4 days.

If the deferred date falls on a holiday, it must again be deferred to the second next working day. If the day preceding the deferred date is not a working day, that date must be deferred to the next working day.

S.Q. 2017, c. 27, s. 229.

CHAPTER I.3 QUALIFICATION OF ENTERPRISES

S.Q. 2017, c. 27, s. 229.

1.11. When a body uses a qualification process to qualify enterprises before issuing a call for tenders for a supply, service or construction contract governed by an intergovernmental agreement, the following requirements must be met:

(1)  the qualification process must be preceded by a public notice to that effect on the electronic tendering system indicating, with the necessary modifications, the information required under subparagraphs 1, 2 and 4 to 7 of the second paragraph of section 1.2, the period of validity of the list of qualified enterprises and the means used to renew or cancel it or, if the period of validity is not specified, an indication of the method used to inform all interested persons of the time as of which that list will no longer be used;

(2)  the list of qualified enterprises must be published on the electronic tendering system and every enterprise must be informed of its acceptance for entry on the list or of the reason for refusal if entry was denied;

(3)  a public notice of qualification must be published again at least once a year inviting other enterprises to qualify during the period of validity of the list;

(4)  the public notice of qualification must remain accessible on the electronic tendering system for the entire period of validity of the list; and

(5)  an enterprise may, at any time, apply for qualification, in which case the body qualifies the enterprise within a reasonable time.

The third paragraph of section 1.2, the first, third and fourth paragraphs of section 1.3 and Chapter I.2 apply, with the necessary modifications, to the qualification of enterprises.

S.Q. 2017, c. 27, s. 229; S.Q. 2018, c. 10, s. 11.

1.12. Every supply, service or construction contract subsequent to the qualification of enterprises under section 1.11 that involves an expenditure equal to or above the public tender threshold must be awarded through a call for tenders open only to qualified enterprises.

S.Q. 2017, c. 27, s. 229.

CHAPTER II CONDITIONS FOR ENTERING INTO A CONTRACT

2. Every contractor interested in entering into a supply contract, service contract or construction contract with a body involving an expenditure equal to or greater than $25,000 must hold a valid certificate from Revenu Québec.

O.C. 846-2011, s. 2; S.Q. 2015, c. 8, s. 107.

3. The certificate from Revenu Québec is issued to every contractor who, on the date indicated in the certificate, has filed the returns and reports that the contractor had to file under fiscal laws and who has no overdue account payable to the Minister of Revenue, in particular when its recovery has been legally suspended or arrangements have been made with the contractor to ensure payment and the contractor has not defaulted.

O.C. 846-2011, s. 3; S.Q. 2015, c. 8, s. 108.

4. The certificate of a contractor is valid until the end of the three-month period following the month in which it was issued.

In addition, the certificate of the contractor must not have been issued after the tender closing date and time or, in the case of a contract entered into by mutual agreement, after the contract award date.

The contractor’s holding a valid certificate issued in accordance with the second paragraph is considered to be an eligibility requirement for tendering.

O.C. 846-2011, s. 4; S.Q. 2015, c. 8, s. 109.

5. (Revoked).

O.C. 846-2011, s. 5; S.Q. 2015, c. 8, s. 110.

6. (Revoked).

O.C. 846-2011, s. 6; S.Q. 2015, c. 8, s. 110.

7. A contractor referred to in section 2 may not submit a certificate from Revenu Québec that contains false or inaccurate information, submit on the contractor’s own behalf the certificate of a third party, or falsely declare that the contractor does not hold the required certificate.

O.C. 846-2011, s. 7; S.Q. 2015, c. 8, s. 111.

8. No person may help another person, by an act or omission, to contravene the provisions of section 7, or encourage, advise, allow, authorize or order the person to contravene those provisions.

O.C. 846-2011, s. 8; S.Q. 2015, c. 8, s. 112.

9. Section 2 does not apply to a contractor who does not have in Québec an establishment where activities are carried on on a permanent basis, clearly identified under the contractor’s name and accessible during regular business hours.

It does not apply either where a supply contract, service contract or construction contract must be entered into by reason of an emergency that threatens human safety or property.

O.C. 846-2011, s. 9; S.Q. 2015, c. 8, s. 113.

CHAPTER II.1 INFORMATION TO BE PUBLISHED

S.Q. 2017, c. 27, s. 230.

9.1. Following a public call for tenders for a contract governed by an intergovernmental agreement, the body publishes on the electronic tendering system, within 15 days of the conclusion of the contract, the description of the contract. That description contains at least

(1)  the name of the supplier, service provider or contractor;

(2)  the nature of the goods, services or construction work covered by the contract;

(3)  the date of conclusion of the contract; and

(4)  the amount of the contract.

S.Q. 2017, c. 27, s. 230.

CHAPTER III OFFENCES

10. A violation of section 7 or 8 constitutes an offence.

O.C. 846-2011, s. 10; S.Q. 2015, c. 8, s. 114.

CHAPTER IV APPLICATION BY THE MINISTER OF REVENUE

11. The Minister of Revenue is responsible for the administration and enforcement of sections 3, 7, 8 and 10.

O.C. 846-2011, s. 11; S.Q. 2015, c. 8, s. 115.

CHAPTER V TRANSITIONAL AND FINAL

12. Despite the first paragraph of section 4, a contractor remains eligible to submit a tender for a call for tenders whose tender closing time is prior to 1 December 2011 even if the contractor’s certificate is issued after tender closing time.

O.C. 846-2011, s. 12; S.Q. 2015, c. 8, s. 116.

13. A violation of the second paragraph of section 2 or of any of sections 5 to 8 committed between 15 September 2011 and 15 March 2012 inclusively will result in the issue of a warning to the offender rather than a statement of offence.

O.C. 846-2011, s. 13.

14. This Regulation applies only to calls for tenders issued and contracts entered into by mutual agreement by a body as of 15 September 2011.

O.C. 846-2011, s. 14.

15. (Omitted).

O.C. 846-2011, s. 15.

REFERENCES

O.C. 846-2011, 2011 G.O. 2, 2541

S.Q. 2015, c. 8, ss. 107 to 116

S.Q. 2017, c. 27, ss. 229 and 230

S.Q. 2018, c. 10, ss. 10 and 11