13. A contract involving an expenditure equal to or above the public tender threshold specified in section 10 may be entered into by mutual agreement
(1) if there is an emergency that threatens human safety or property;
(2) if there is only one possible contractor because of the existence of a guarantee, an ownership right or an exclusive right such as a copyright or a right based on an exclusive licence or patent, or because of the artistic, heritage or museological value of the required property or service;
(3) if the contract involves confidential or protected information whose disclosure in a public call for tenders could compromise its confidential nature or otherwise hinder the public interest;
(4) if the public body considers that it will be able to prove, in accordance with the principles set out in section 2, that a public call for tenders would not serve the public interest given the object of the contract concerned; or
(5) in any other case determined by government regulation.
In the cases described in subparagraphs 2 to 4 of the first paragraph, the contract must be authorized by the chief executive officer of the public body, who must inform the Conseil du trésor on an annual basis.
Despite the preceding paragraphs, a public body may, in the cases described in subparagraph 5 of the first paragraph, award the contract following an invitation to tender if there is more than one possible contractor.
2006, c. 29, s. 13; 2012, c. 25, s. 6; 2017, c. 27, s. 9311.