26. A public body may make a public call for tenders in 2 stages in order to award a contract.
At the first stage, the public body selects contractors by soliciting only a quality demonstration. The tender documents must indicate whether every selected contractor or only a limited number of them will be invited to take part in the second stage.
The public body opens the tenders only in the presence of the secretary of the selection committee or his or her representative at the designated place and on the date and time fixed in the tender documents.
The secretary evaluates the tenders received by ensuring the contractors are eligible and their tenders are compliant.
The selection committee evaluates the quality of a tender according to the following conditions and procedure:
(1) if all the selected contractors are invited to take part in the second stage, the quality of a tender is evaluated in accordance with the evaluation conditions in Schedule 4 and all the contractors that meet at least the minimum quality level are retained; or
(2) if only a limited number of selected contractors are invited to take part in the second stage, the quality of a tender is evaluated in accordance with the evaluation conditions in sections 1 to 7 of Schedule 5 and only those who obtain the highest final scores are retained.
If the secretary rejects a tender because the contractor is ineligible or the tender is non-compliant, the secretary so informs the contractor and gives the reason for the rejection at the time of sending selected contractors their invitation to take part in the second stage.
The public body publishes in the electronic tendering system the names of the contractors who took part in the first stage within 4 business days following the opening of the tenders filed during the second stage.
At the second stage, the public body invites the selected contractors to submit separately a price and a quality demonstration in conformity with the evaluation conditions in Schedule 5.
O.C. 532-2008, s. 26; O.C. 431-2013, s. 9.