C-37.2 - Act respecting the Communauté urbaine de Montréal

Section 120 Disposition versions

1993-12-17

1985-06-20

1984-06-20

0001-01-01

120. Subject to section 32, every contract for the performance of work or the supply of equipment or materials or the providing of services other than professional services shall be awarded by the executive committee after a call for public tenders by advertisement in a French-language daily newspaper and in an English-language daily newspaper circulating in the territory of the Community. The delay for the receipt of tenders shall not be less than eight days. Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders. All those who have tendered may be present at the opening of the tenders. The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

The executive committee shall not, without the prior authorization of the Minister, award the contract to any person other than the person who submitted the lowest tender within the prescribed delay. If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the executive committee may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

If there is only one tenderer, the executive committee shall not grant such a contract without the approval of the Council, if the amount exceeds $500,000.

However, the executive committee may award, without calling for tenders, any contract for carrying out work for the removal, shifting or reconstruction of conduits or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids, required by the extension of the metro, sewer work or work relating to water purification plants, provided that the contract is awarded to an undertaking which generally carries out such work, and is awarded at a price generally required for work of this kind by such an undertaking, that it is awarded to the owner of such conduits or installations at a price generally required for work of this kind by an undertaking which generally carries out such work, or that it is awarded to a municipality.

1969, c. 84, s. 111; 1971, c. 90, s. 7; 1971, c. 91, s. 2; 1974, c. 82, s. 9; 1977, c. 80, s. 8.