C-65.1, r. 8.1 - Regulation respecting the register of enterprises ineligible for public contracts

Section 11 Disposition versions

2017-12-01

11. (Revoked).

O.C. 470-2012, s. 11; S.Q. 2017, c. 27, s. 253.

2012-09-01

11. The application of the oversight and monitoring measures is preceded by the conclusion of a contract between the ineligible contractor and the accredited person responsible for applying the measures.

The oversight and monitoring contract must be completed from the standard contract prepared by the secretariat of the Conseil du trésor. That contract must specify the measures to be applied, indicate the hourly rate for fees payable to the accredited person and, if applicable, to the persons assisting the accredited person and, if applicable, provide for the payment by the contractor of an advance to the accredited person which may not exceed the amount of $5,000.

The fees are established according to an hourly basis agreed upon by the body that is a party to the public contract and the accredited person. The hourly rate may not exceed $175 and the amount payable for each fraction of an hour is calculated pro rata to the hourly rate agreed upon.

A copy of the duly signed oversight and monitoring contract must be sent without delay to the body by the accredited person.

A contractor who does not enter into the oversight and monitoring contract in accordance with this section and the conditions set pursuant to the second paragraph of section 21.3 of the Act is deemed to have defaulted on performance of the public contract.

For the purposes of this Division, an oversight and monitoring contract entered into by a for-profit legal person established for a private interest or a general, limited or undeclared partnership within which the designated accredited person practises his or her profession is deemed to be a contract entered into by the accredited person.

O.C. 470-2012, s. 11.